Research On Legal Issues Of Government Purchase Of Public Service Contracts

In the 1970 s,in order to cope with the problem that the efficiency of public service provision is difficult to meet social needs,western countries took the lead in taking the new path of handing over the supply of public services to social forces.In the 1990 s,China began to explore the system of government purchase of public services,marked by the establishment of Luoshan Guild Hall,and achieved initial results.However,compared with foreign countries,China’s research on the system of government purchase of public services is still in its infancy,and the design,operation and management of the legal system need to be further improved.The government purchase public service contract runs through the whole process of the government purchase public service system,and plays a vital role in the improvement of the system.So far,although the application and conclusion procedures of the contract are stipulated in the Government Procurement Law,the legal provisions ignore the particularity of the government purchase public service contract,and lack of separate legislation,leading to the fact that the legal application of the government purchase public service contract cannot really be legally based.The Administrative Measures for Government Purchase of Services has made special provisions on government purchase of public service contracts,but its legal effect level is low and the provisions are too general to provide national policy guidance.At present,there are still many problems in China’s government procurement of public service contracts,such as the difficulty in dividing the nature of the contract,the unclear application of the law,the unclear liability requirements of the purchaser and the acceptor,the difficulty in preventing risks in the performance of the contract,the unclear performance of the contract,and the difficulty in seeking relief after the event.Therefore,it is of great practical and theoretical significance to objectively summarize the experience and problems in the practical practice of the government purchase of public service contracts in China,refer to foreign experience,and on the basis of China’s basic national conditions,clarify the economic contract nature of the government purchase of public service contracts,and improve the legal system of the government purchase of public service contracts in China.In addition to the introduction and conclusion,this paper is mainly divided into four parts.The first part introduces the concept of government procurement of public services and the difference between it and government procurement,and clarifies the importance of independent law;Then it introduces the meaning and characteristics of the contract of government purchasing public services,and analyzes the nature of the contract of government purchasing public services;Finally,the paper puts forward the theoretical basis for the development of government purchase of public service contracts.The second part mainly analyzes the legislative status and practical problems of government purchase of public service contracts.At the initial stage of the contract,there are restrictions on the application of the law and few qualified contractors;At the stage of contract performance,there are problems such as incomplete rights and responsibilities system of contract subject,lack of effective supervision mechanism,and difficulty in meeting the requirements of performance effect;There is a lack of effective performance evaluation mechanism and relief mechanism in the post-contract performance stage.The third part compares and analyzes the institutional construction and implementation of government outsourcing and privatization in the United States,Britain and Germany,summarizes the extraterritorial experience,and puts forward suggestions that can be used for reference in the implementation of China’s laws.The fourth part puts forward the feasible suggestions on the legal system of the various processes of government purchase of public service contracts.First,we should improve the special legislation,cultivate social organizations,and reduce the market access threshold;Secondly,we should clarify the distribution of rights and responsibilities of the three parties to the contract,and improve the regulatory system of taking multiple measures;Finally,we should establish a comprehensive and long-term evaluation mechanism,expand the relief mechanism of the contracting party,fully protect the rights and interests of the receiving party,and realize the public interest.