Research on Market-oriented Law Problems in Government Purchasing Public Services

摘要

In the developed countries, government purchasing public service is an important measure to improve public expenditure and innovate public service. Now it has already been a worldwide arrangement of the system. This article will summarize the problems of irrational behavior, lacking of competition, opportunism and monopoly in this area of the developed countries through analyzing "the New Public Theory", "the New Public Service and Civil Society" and "the Third Way Theory" which influence the marketization of government purchasing public service. At the same time, this article reflects on the non-competitive and non-independent mechanism in our government purchasing public service, the inadequate development of the contractor and the unequal status between buyers and suppliers in order to build a market-oriented mode while buyers, suppliers and consumers fully participated, to make contracts as rigid constraints of the rights and duties, to regulate the procedure of government purchasing public services, and to guarantee the participation and supervision of the government and all citizens. Then it is possible to promote the transfoimation of government functions, to improve the quality of public services, reduce financial cost, and to achieve the balanced development of social organization of urban and rural public service.