Study On Administrative Law Regulation Of Government Purchase Of Public Services

At the 20 th National Congress of the Communist Party of China,it was proposed that "we should improve the basic public service system and improve the level of public service." At this stage,the mode of government procurement of public services is of great significance for improving the public service supply system and improving the level of public service.In the 1970 s,the government purchase of public services model was born in the new public management reform movement in Britain and the United States.In practice,due to the basic national conditions of various countries,there are significant differences in the motivation,realization path,development model,and level of government procurement of public services.In the mid-1990 s,China’s cities such as Shanghai and Shenzhen began to explore the mode of government procurement of public services.After nearly 30 years of gestation,exploration,rapid development,and comprehensive improvement,the current system of government procurement of public services in China has basically taken shape,with a complete legal and regulatory system developed from the central to local levels,and a relatively complete institutional framework constructed.However,in the process of practice,the system of government procurement of public services in China still has problems such as unclear scope of public services,imperfect regulatory mechanisms,and ineffective dispute resolution mechanisms.The purpose of this article is to explore specific ways to improve the system of government procurement of public services in China from the perspective of administrative law regulation,combining relevant theories and relevant extraterritorial experience.This article is mainly divided into four parts,the first part of which is an introduction to this article,focusing on sorting out some theoretical disputes about government procurement of public services in the current academic community.The second part summarizes the relevant concepts and basic theories of government procurement of public services,defines the basic concepts of government procurement of public services,and expounds the relevant new public management theory and service-oriented government theory.The third part introduces the current situation and shortcomings of China’s government purchase of public services system.This article mainly discusses the development overview,legal regulation status,practical status,and existing problems of the government purchase of public services system in China.Finally,specific suggestions are made to improve the administrative law on government procurement of public services in China,which is the conclusion of this article.The specific content is as follows:Firstly,clarify the identification elements and prohibited items of the scope of government procurement of public services;Secondly,improve the administrative supervision mechanism of government procurement of public services.This article advocates improving its administrative supervision mechanism from three perspectives: improving regulatory legislation,clarifying regulatory processes,and expanding regulatory means;Finally,to improve the dispute resolution mechanism for government procurement of public services,this article advocates starting from three directions: improving the theoretical basis of the dispute resolution mechanism,improving the non litigation dispute resolution mechanism,and improving the litigation dispute resolution mechanism.Specifically,based on the two-stage theory under the split mode,we should improve the theoretical basis of the dispute resolution mechanism,and improve the non litigation dispute resolution mechanism through alternative dispute resolution mechanisms,and improve the litigation dispute resolution mechanism from the perspective of administrative agreements and public interest litigation.