政府购买公共服务监管的法律问题研究
发布时间：2018-11-09 11:49
【摘要】：政府购买公共服务,能够最大限度的满足社会公众的多样性需求,这也意味着政府在公共服务供给中的角色定位发生了转变:由“直接提供者”转变为“购买者”、“监督者”。购买内容、购买机制、资金以及绩效评估方式等方面都是我国政府在具体工作中所重点关注的对象。如何对政府购买公共服务进行有效的法律监管,对于政府购买公共服务的有序发展至关重要。虽然,随着政府购买公共服务的推广应用,中央和地方政府在加强政府对购买公共服务的监管方面相继出台了一系列的通知、意见或暂行办法,也取得了一些成效,但是在整个监管体系中仍存在许多法律问题尚待解决,本文对这些问题进行了讨论,并试提出了针对性建议。本文除绪论和结语外共分为四个部分:第一部分“政府购买公共服务监管的概述”。首先对政府购买公共服务监管进行了界定,包括政府购买公共服务的含义、特征,以及政府购买公共服务监管的含义。然后介绍了政府购买公共服务监管的理论基础,具体包括:公共服务理论、公共治理理论、市场监管理论、委托代理理论。最后分析了政府购买公共服务的必要性。第二部分“域外政府购买公共服务监管的相关规定与启示”。对英国、德国、香港政府在购买公共服务监管方面的相关规定进行了分析,归纳出域外相关规定对我国的启示:监管模式符合本国国情、完善的政府购买公共服务监管法律体系、明确政府和社会组织之间的法律关系、明确政府购买公共服务监管主体的具体职责以及比较完善的绩效评估体系。第三部分“我国政府购买公共服务监管的现状及困境”。首先介绍了我国政府购买公共服务监管的现状,通过对现状的分析指出当前在监管中所面临的一些困境:监管主体职责不清晰、监管内容不全面、绩效评估制度不完善以及信息公开制度不完善。第四部分“完善我国政府购买公共服务监管的法律建议”。针对当前的困境,以理论基础为指导并结合借鉴域外优秀的经验,试提出了完善监管的法律建议:明确政府购买公共服务监管主体的职责、加强政府购买公共服务的内容监管、完善绩效评估制度以及完善信息公开制度。具体来说,在监管主体的职责上,细化各个监管主体的职权、明确各主体的责任;在内容的监管上,加强预算环节、供应商的市场准入、合同以及资金的监管;在绩效评估制度上,完善多元化的评估主体体系、事前、事中、事后评估相结合、不断完善和更新评估指标和评估技术。在信息公开制度上,扩大信息公开的范围、建立公共服务的信息公开平台,在保障各主体知情权的同时,也丰富了获取信息的渠道。
[Abstract]:The government's purchase of public services can meet the diverse needs of the public to the maximum extent, which also means that the role of the government in the provision of public services has changed: from "direct providers" to "purchasers". "Supervisor" Purchase content, purchase mechanism, capital and performance evaluation are the focus of our government in the specific work. How to carry on the effective legal supervision to the government to purchase the public service, is very important for the government to purchase the public service orderly development. Although, with the promotion and application of government purchase of public services, central and local governments have successively issued a series of circulars, opinions or interim measures to strengthen government supervision over the purchase of public services, and have also achieved some results. However, there are still many legal problems to be solved in the whole regulatory system. In addition to the introduction and conclusion, this paper is divided into four parts: the first part is an overview of the regulation of government purchase of public services. Firstly, it defines the regulation of government purchase of public services, including the meaning and characteristics of government purchase of public services, as well as the meaning of the supervision of government purchase of public services. Then it introduces the theoretical basis of the supervision of government purchase of public services, including: public service theory, public governance theory, market supervision theory, principal-agent theory. Finally, the necessity of government purchase of public services is analyzed. The second part is about the regulation and enlightenment of government purchase of public services. Based on the analysis of the relevant regulations of the British, German and Hong Kong governments on the regulation of purchasing public services, the author concludes that the relevant regulations outside the territory have implications for our country: the regulatory model is in line with the national conditions of our country. The perfect legal system of government purchase of public service, the legal relationship between government and social organizations, the specific responsibility of the subject of government purchase of public service and the relatively perfect performance evaluation system. The third part is "the present situation and predicament of our government's supervision of purchasing public services". First of all, it introduces the current situation of our government's supervision of purchasing public services, and points out some difficulties in the current supervision by analyzing the present situation: the responsibilities of the main body of the supervision are not clear, the contents of the supervision are not comprehensive, Performance evaluation system is not perfect and information disclosure system is not perfect. The fourth part is the legal advice on perfecting the supervision of government purchase of public services. In view of the current predicament, under the guidance of the theory foundation and drawing lessons from the excellent experience of foreign countries, this paper tries to put forward some legal suggestions to perfect the supervision: to make clear the responsibility of the main body of the government to supervise the purchase of public services, and to strengthen the content supervision of the purchase of the public services by the government. Improve the performance evaluation system and improve the information disclosure system. Specifically, in the responsibility of the main regulatory bodies, refine the powers of the main regulatory bodies, clear the responsibilities of the main bodies; in terms of content supervision, strengthen budget links, suppliers' market access, contracts and funds supervision; In the performance evaluation system, we should perfect the pluralistic evaluation subject system, combine the pre-evaluation, post-evaluation and post-evaluation, and constantly improve and update the evaluation index and evaluation technology. In the system of information disclosure, expanding the scope of information disclosure and establishing a public service information disclosure platform can not only guarantee the right to know of all subjects, but also enrich the channels for obtaining information.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.2
本文编号：2320328
[Abstract]:The government's purchase of public services can meet the diverse needs of the public to the maximum extent, which also means that the role of the government in the provision of public services has changed: from "direct providers" to "purchasers". "Supervisor" Purchase content, purchase mechanism, capital and performance evaluation are the focus of our government in the specific work. How to carry on the effective legal supervision to the government to purchase the public service, is very important for the government to purchase the public service orderly development. Although, with the promotion and application of government purchase of public services, central and local governments have successively issued a series of circulars, opinions or interim measures to strengthen government supervision over the purchase of public services, and have also achieved some results. However, there are still many legal problems to be solved in the whole regulatory system. In addition to the introduction and conclusion, this paper is divided into four parts: the first part is an overview of the regulation of government purchase of public services. Firstly, it defines the regulation of government purchase of public services, including the meaning and characteristics of government purchase of public services, as well as the meaning of the supervision of government purchase of public services. Then it introduces the theoretical basis of the supervision of government purchase of public services, including: public service theory, public governance theory, market supervision theory, principal-agent theory. Finally, the necessity of government purchase of public services is analyzed. The second part is about the regulation and enlightenment of government purchase of public services. Based on the analysis of the relevant regulations of the British, German and Hong Kong governments on the regulation of purchasing public services, the author concludes that the relevant regulations outside the territory have implications for our country: the regulatory model is in line with the national conditions of our country. The perfect legal system of government purchase of public service, the legal relationship between government and social organizations, the specific responsibility of the subject of government purchase of public service and the relatively perfect performance evaluation system. The third part is "the present situation and predicament of our government's supervision of purchasing public services". First of all, it introduces the current situation of our government's supervision of purchasing public services, and points out some difficulties in the current supervision by analyzing the present situation: the responsibilities of the main body of the supervision are not clear, the contents of the supervision are not comprehensive, Performance evaluation system is not perfect and information disclosure system is not perfect. The fourth part is the legal advice on perfecting the supervision of government purchase of public services. In view of the current predicament, under the guidance of the theory foundation and drawing lessons from the excellent experience of foreign countries, this paper tries to put forward some legal suggestions to perfect the supervision: to make clear the responsibility of the main body of the government to supervise the purchase of public services, and to strengthen the content supervision of the purchase of the public services by the government. Improve the performance evaluation system and improve the information disclosure system. Specifically, in the responsibility of the main regulatory bodies, refine the powers of the main regulatory bodies, clear the responsibilities of the main bodies; in terms of content supervision, strengthen budget links, suppliers' market access, contracts and funds supervision; In the performance evaluation system, we should perfect the pluralistic evaluation subject system, combine the pre-evaluation, post-evaluation and post-evaluation, and constantly improve and update the evaluation index and evaluation technology. In the system of information disclosure, expanding the scope of information disclosure and establishing a public service information disclosure platform can not only guarantee the right to know of all subjects, but also enrich the channels for obtaining information.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.2
【参考文献】
相关期刊论文 前10条
1 刘鹏;王力;;回应性监管理论及其本土适用性分析[J];中国人民大学学报;2016年01期
2 徐家良;许源;;政府购买社会组织公共服务的制度风险因素及风险治理[J];社会科学辑刊;2015年05期
3 李宁;;我国政府购买公共服务的纠纷解决机制及其完善[J];山东大学学报(哲学社会科学版);2015年02期
4 张瑜;;政府购买公共服务:法律缺陷与制度重构[J];北方民族大学学报(哲学社会科学版);2014年05期
5 常江;;美国政府购买服务制度及其启示[J];政治与法律;2014年01期
6 王丛虎;;政府购买公共服务与行政法规制[J];中国行政管理;2013年09期
7 徐家良;赵挺;;政府购买公共服务的现实困境与路径创新:上海的实践[J];中国行政管理;2013年08期
8 骆路金;;经济法视野下政府购买公共服务探析[J];研究生法学;2013年01期
9 邰鹏峰;;政府购买公共服务的监管成效、困境与反思——基于内地公共服务现状的实证研究[J];辽宁大学学报(哲学社会科学版);2013年01期
10 胡光景;;政府购买社区居家养老服务质量评估体系研究[J];山东工商学院学报;2012年05期
，本文编号：2320328
本文链接：https://www.wllwen.com/falvlunwen/jingjifalunwen/2320328.html
