Research On The Legislation Of The Government Purchase Service PPP Model

China has clearly defined the development path of PPP's "dual track system" from the policy orientation.It initially divides the PPP into the franchise PPP mode and the government purchase service PPP mode.Government treated the Purchase Service PPPas an important part of the PPP model.The Purchase Service PPP aims to transfer the public services,which originally provided by the government directly,to the social forces,and to pay fees according to the PPP service contract.Compared with traditional government purchase of public services,the Purchase Service PPP model has obvious advantages in broadening content of purchasing service,improving procedures,introducing third-party participation,and strengthening the supervision and evaluation.However,the Purchase Service PPP model,as a new method of government procurement,still has systemic obstacles in the implementation process.First of all,the relevant legislation for the Purchase Service PPP model has a low general status,many regulations exist,and the provisions are dispersed,the functions of government departments are defined unclear,it is very easy to be restricted by the legal development level and other factors,leading to the Purchase Service PPP model projects cannot be implemented.Secondly,the Purchase Service PPP model as a new procurement model has problems about non-connected with the contractual legal system and the government procurement legal system,which need to be further analyzed and clearly eliminated in legislation.This paper analyzes the institution problems of purchase service PPP model based on domestic and foreign legislation and research status,and proposes legislative proposals in the following aspects: 1.The unified basic PPP law with higher orientation is needed,perfect the legislative framework:provincial governments shall supplement legislation according to the actual situation,the legislative powers of lower government should be restricted,and the legislative authority at all levelsshould be clarified;2.We should flexible purchase service PPP model contract legislation,then exclude or revise relevant rules of open tender procurement and competitive procurement methods in purchase service PPP model.