Research On The Legal Protection Mechanism For The Quality Of The Service Purchased By The Government In China

In 1970s,as the spread of new public management theory and the development of the campaign for reformation of social management problems,the government purchased public service emerging as the times required as a new type of governance model of the government.This governance mode aimed on improving the quality of public service through introducing competition and contract management system and makes the public service to serve the public better.So to protect this governance model running well through different methods to realize the indirect maintenance of the public service quality purchased by the government became the emphasis of the government's work.In the meantime,it is the difficult point of the practice process of the government purchasing public service in our nation.If the public service has quality problem,it will limit the fields and scales of the public service purchasing in a lot and become the bottleneck of restricting the system of government purchasing public service to play a bigger role.There are a lot of related expressions on government purchasing public service in domestic academic circle.But on how to control the quality,there's no system theoretical perspectives has been formed and most of the discussions are from the perspectives of management.This article mainly researches on how to control the quality of the public service purchased by the government from the legal perspectives in the hope of offering some suggestions on improving the public service purchased by the government.There are four parts in this article:The first part.Define the quality of the public service purchased by the government and express the necessity of the legal protection.From the evolution of the "quality"management campaign of the public sector of administrative field,the contents of the quality of the public service purchased by the government should be defined in multiple dimension which contain the following:The supply satisfies with the rules of the programme,the input and output of the supply satisfy with the pre-setting requirements,the supply satisfied with the requirements of the serial quality standards and the supply satisfies with the requirements of the public characters.The quality of the public service purchased by the government is different from the normal service quality and product quality,and also different from any service supplied by the other subjects.As the special"product",it has the feature with the characters reflects the value pursuit and responsibility of the public sectors obviously.The following aspects are included:Subjectivity and objectivity,fairness,participation and compatibility of the target.The contents and the features of it embody the value pursuit of the government during the activity of public service purchasing.To protect the quality of the public service purchased by the government by construction of the legal system should be based on the contents and features of the quality of public service purchased by the government to determine the basic principles of the legislation.The second part.Set forth the basic principles should be carried out on construction of the quality legal protection mechanism of public service purchased by the government which including the following contents.:The principles of openness and transparency,the principle of free competition,the principle of legal process and the principle of supervision by law.The principle of openness and transparency means the different links of the government purchasing public service should be open to the social public,the information distribution channels should be broaden,communication with the public should be in time and direct,the participation of the public should be encouraged.The principle of free competition is derived from the market economic theory.This principle aims on ensure the well-development of the market and the different market subjects can face same market principles in same market environment and participate or quit the competition freely.The principle of legal process means the regulation of the whole process of the public service purchase of the government should be through procedural legislation to ensure the visualization of the purchase process and realize the "visible justice".The principle of supervision by law means the subject with the power of supervision supervises the public service purchase process of the government by law to ensure the behaviors of the different participated subjects obey the law.The third part.Construct ideal legal protection mechanism for the quality of the public service purchased by the government before the event,in the event and after the event aiming at the different links of the public service purchase by the government.The legal protection mechanism before the event means the construction of the legal system to protect the quality of the public service purchased by the government through the construction of the "checkpoint" system before the event to stop the quality problems of the public service purchased by the government.Start with the design of the related system to define the scope and screen the undertaking subjects involving in the purchase relationship satisfying with the requirements of the law.The legal protection mechanism in the event means when the government is choosing the undertaking subject and during the execution of the service purchase contract of the undertaking subject,the related legal protection mechanism should be established to supervise and manage the process in all aspects and whole period to ensure the quality of the public service purchased by the government.It is the indispensable key step for ensuring the quality and efficacy of the public quality through legal regulation in the process of the government purchasing the public service.For the legal protection mechanism after the event,for one side,it meanswhen the process of the purchase of the public service of the government is finished,holding a performance evaluation activity on the public service purchased by the government to reflect and call to account on the related purchase behaviors in the performance feedback after the event.So the quality of the public service can be ensured through such systems.For the other side,it means in the different links of the government purchase of the public service,inspect the different functional departments of the government,the purchasing subjects and the undertaking subjects whether they behave as the requirements of the different regulations and the contracts of the government purchase of the public service.If deviation is found on the different subjects during the behaving process,the related legal mechanism should be established to repair and correct.The regulation for repairing and correcting here is the accountability mechanism.The fourth part.Analyse the problems existing in the legal protection mechanism of the public service purchase of the government in our nation and offer the related solutions.The following problems existing in the quality legal protection mechanism of the public service purchased by the government in our nation.No.l,the quality legal protection system before the event on government purchase of the public service isn't established scientifically,including the scope definition of the government purchase the public service isn't scientific,the qualification definition of the undertaking subject isn't scientific.No.2,the legal protection system in the event isn't sound enough.The way of choosing the undertaking subjects doesn't satisfy with the requirements of the standardization and openness.The supervision mechanism of the execution of contract for government purchase the public service isn't complete enough.No.3,the legal protection mechanism after the event is weak.The performance evaluation mechanism and accountability mechanism of public service purchase of the government isn't sound.For the existing problems in the quality legal protection mechanism of the purchase of the public service by the government in our nation,the author thought the mechanism should be sorted out again and improved.For the legal protection system before the event,the judge standard of the public service purchase scope of the government should be determined reasonably to ensure the scientific definition of the purchase scope of the government.And set the entry criteria of the undertaking subject from the two aspects of the quantity and qualification.For the legal protection system in the event,the process of choosing the undertaking subjects should be refined obeying the principle of basing on competition and taking non-competition as auxiliary.And the cooperative execution methods should be defined in the legislation.Refine the contract execution supervision mechanism of the public service purchased by the government from the three aspects of refining the supervising subject system,refining of supervising methods and improvement of supervising ability.For the legal protection system after the event,strengthening the performance evaluation mechanism of the public service purchased by the government.And sorting out the accountability mechanism of the public service purchased by the government from the theoretic basis to systematize the theories of the accountability mechanism.