Study On The Legal Regulation Of Government Purchasing Public Service

The government purchases public services as a new type of public service supply method,innovates the way of administrative management,and promotes the market-oriented development of public service provision.Promoting government procurement of services is an important reform task defined by the Decision of the Third Plenary Session of the 18th Central Committee of the Party on Comprehensively Deepening Major Reforms.It examines public service purchase behavior from the perspective of legal regulation.Pursuing the standardization of the promotion of public service procurement,on the other hand,clarifying the rights and obligations of the service undertaker legally can also provide legal incentives for the public service undertaker.The purchase of public services by the government in our country has undergone a period of initial promotion and exploration to promote the cooperation and deepen the stage of cooperation.The legal system for the purchase of public services still needs to be improved.By drawing lessons from the experience of foreign developed countries in government procurement of public services,we can provide a lot of inspiration for our government to improve the legal regulation of the purchase of public services.In particular,it is aimed at the difficulties of physical regulation,procedural regulation,and supervisory mechanisms in China's current government procurement of public service systems.Weak legislation at the central level and legislative confusion at the local level lead to the lack of basic legal norms for the procurement of public services in China.The non-standard selection process from the decision-making process of service purchase to the subject of the subcontract has led to the abuse of administrative discretionary power and the purchase of Problems such as generalization of public services and low level of public participation,inadequate performance appraisal procedures,and non-standard supervision systems led to the emergence of a large number of "bean curd residue" projects in practice.The key to making breakthroughs in the reality of the government 's purchase of public services lies in the rational design of the system.Based on the experience of absorbing extraterritoriality,based on China's current practice of accelerating the transformation of government functions,improving the provision of public services,and advancing the reform of fiscal expenditure methods,we can proceed from the following aspects:To be regulated:First,improve the physical regulation of the purchase of public services,improve the legal system for the purchase of public services,and scientifically define the scope and boundaries of service purchases.Second,improve the procedures for the procurement of public services,and standardize the selection criteria and procedures for the procurement of subjects.Strengthen the breadth and depth of public participation;Finally,improve the government's assessment and supervision mechanism for public service purchases to improve the diverse evaluation system and the combination of pre-event,intra-event,and post-assessment assessments to solve the problem of unsound performance evaluation systems.To clarify the responsibilities of the supervisors and improve the process of public services to supervise and solve the problem of inadequate supervision.