A Study On The Nature Of Government Procurement Of Public Service Contracts

In recent years,the government purchase of public service system has a great development,especially after the concept of service-oriented government was put forward in the sixth Plenary session of the 16 th CPC Central Committee,it has accelerated the improvement of the government purchase of public service system.But this system started late in our country,the relevant theories are not unified,all kinds of systems are not perfect,and the legislation is not perfect,which leads to the frequent occurrence of all kinds of problems in the process of practice.The government buys the public service system,essentially is uses the commercial means to carry on the administration system.Under the condition of market economy,the transaction between government and third party can only clarify the relationship between rights and obligations of both parties by signing contracts.Accordingly,the agreement was signed Harmony and fulfillment of obligations are the core of government procurement system.Among them,it is very important to define the legal nature of government purchase public service contract,so it is necessary to clarify the concept of government purchase public service contract.The government purchases public services mainly through the purchase of public service contracts.However,the definition of its legal nature is still controversial in the field of jurisprudence.This article through to the government to buy public service contract concept,legal relation and the related theoretical basis of research,analyzes the legislative status quo of the government purchasing public service contract,and sums up the main theory of three-said administration contract and civil contract and mixed contract theory connotation,from the nature of government purchasing public service contract to carry on the theoretical analysis.Finally,whether it is the legal relationship of purchasing public service contracts from the government or the applicable rules of contracts,it is a more appropriate and reasonable choice to identify such contracts as hybrid contracts.On this basis,based on the existing legislative content of government purchase of public service contract,this paper puts forward corresponding Suggestions for improving the legislation in the next step,so as to assist the system improvement and guide the practice by defining the nature of government purchase of public service contract,and further enrich the relevant theoretical research content.