Research On Government Procurement Of Public Legal Services In China From The Perspective Of Rule Of Law

In recent years,government procurement of public legal services is a creative measure in the process of building a service-oriented and law-based government in order to meet the people’s demand for legal services.This action is in line with the global trend of surging public services and the development process of China’s transition to the rule of law.It has practical value that cannot be ignored.What this dissertation wants to explore is,in the face of the emerging government purchasing public legal services and its practical difficulties,the rule of law as a response means and development trend,what significance does it have for the government to purchase public legal services? How to seek and promote the development of the rule of law for the government to purchase public legal services under the guidance of the national macro strategy of integrating the construction of a country,a government and a society under the rule of law,and in combination with the needs of national governance?In order to answer the above questions,this dissertation first analyzes the basic categories of government purchase of public legal services under the rule of law,then discriminate the basic categories of "government procurement","public legal services","rule of law" and so on in details.Research on these basic categories shows that the government purchase of public legal services not only has the attributes of general government purchase,but also has characteristics worthy of attention.It is different from the government’s procurement of goods and goods,and different from the government’s purchase of services for the needs of its own functional activities.The strong professional,public,educational and other characteristics of public legal services not only coincide with the development trend of modern administration,but also fully meet the needs of the construction of a law-based government and a law-based society under the rule of law in contemporary China.This lays an important foundation for the proposition analysis of the rule of law for the government to purchase public legal services.The purchase of public legal services by the Chinese government is in line with the global trend of public management reform,but it still has significant Chinese characteristics.In a word,in China,it is to make up for the lack of public legal services for a long time,to fulfill the political commitment to serve the people and to realize the people-centered value pursuit.China’s unique urban-rural division and uneven regional development are also the realistic context for the development of public legal services purchased by the Chinese government.Due to the limitations of the unique history and realistic context,the Chinese government’s purchase of public legal services is also faced with many problems,such as the failure to show the characteristics of public legal services and the alienation of behavior in the purchase process.In view of the government’s dilemma in purchasing public legal services,it is of course possible to carry out a countermeasure analysis at the macro level such as national strategies and government policies.However,this dissertation believes that in addition to these,the rule of law should become a feasible choice to solve the reality of the predicament of government purchasing public legal services.The reason is that,on the one hand,the realistic predicament of our government’s purchase of public legal services seems to be the lack of practice,but the underlying reason lies in the lack of standardized mechanisms,and the rule of law is an important strategy to eliminate the lack of norms.On the other hand,from the historical and realistic situation of my country’s public legal services,it can be found that the government’s purchase of public legal services is deeply embedded in the framework of the rule of law in a country ruled by law,a law-based government,and a law-based society.The realization of its goal,the development of the system and the acquisition of practical effects must be completed within the framework of the rule of law.Based on the above reasons,starting from the need for the rule of law,the theoretical propositions arising from the government’s purchase of public legal services can be further clarified,including how to realize the legal framework of the relationship between the main body of the government’s purchase of public legal services and how to construct the entity and procedural rules of the government’s purchase of public legal services.In order to establish a solid foundation for the rule of law in the purchase of public legal services by the Chinese government,this dissertation also investigates the system and practice of government purchase of public legal services in the United States and the United Kingdom.As the first and second largest legal service markets in the world,the US and UK governments started early in the purchase of public legal services,and their laws and regulations are relatively perfect.Its purchase behavior is mainly criminal legal aid and civil legal aid.Criminal legal aid is to provide legal aid for criminal suspects and defendants who cannot afford lawyers,and it is legal and mandatory.The main objects of civil legal aid are the elderly,the disabled,veterans,victims of domestic violence and other vulnerable groups,special groups.There are three highlights in the purchase of public legal services by the US and UK governments: First,a complete and normative legal system.The laws and regulations governing the purchase of public legal services by the U.S.government mainly include the U.S.Code,the Federal Procurement Regulations,and the American Legal Services Corporation Act.The LEGAL Aid and Advice Act of 1949,The Access to Justice Act of 1999 and the Legal Services Act of 2007 are the main laws in the UK.Complete laws and regulations ensure that the government’s purchase behavior has laws to abide by and govern according to law.Second,a sound regulatory mechanism.Purchases of public legal services by the United States government are overseen by the Office of Federal Procurement Policy,the Federal Procurement Oversight Board and the state Poverty Defense Services oversight agencies;The LSC has the Office of inspector General to review and oversee civil legal services.The Legal Affairs Commission,a national unified legal aid regulator established by the British Government in accordance with the Legal Services Act 2007,exercises comprehensive supervision over the operation process and quality of legal services.The audit committee audits and supervises the use of funds;The Legal Complaints Office supervises legal service providers to ensure the quality of legal services.Third,adequate financial support.In the United States and The United Kingdom,the purchase of public legal services by the government mainly comes from the central financial allocation.In particular,the investment of public legal services in the United Kingdom has been accounting for about 25% of the expenditure of the Ministry of Justice.Financial security is the basis and prerequisite for the government to purchase public legal services.The practical experience of the American and British governments in improving the quality of public legal service through reform can provide beneficial enlightenment for the legalization of Chinese government’s purchase of public legal service.Finally,with regard to the path to the rule of law for the government to purchase public legal services,this dissertation believes that it should start from the following four aspects: First,in terms of value concept,it is necessary to establish the concept that government purchase behavior is controlled by law,and seek a balance between cooperation and co-governance and benefit sharing,as well as bottom line fairness and emphasis on efficiency.Guided by a comprehensive view of legal control,we should promote the legislative development of government purchase of public legal services.The present can adopt progressive legislation,by the State Council issued regulations on the government to buy public legal services administrative regulations,for the government to buy public legal service specification,in order to avoid legislation may lead to departments benefit and the specification is not unified,uncoordinated phenomenon,at the appropriate time,further by the National People’s Congress or the standing committee of National People’s Congress enacted the law.Second,in the concept of "government purchasing public legal services by law control",to buy public legal services to participate in the specific rules of behavior for construction of the main body,to further establish and adhere to the cooperative work and the concept of benefit sharing and defines the powers of the government purchase public law service boundary,and to have mandatory administrative power self-restraint,earnestly implement the spirit of contract,Establish fair and effective competitive purchasing procedures,contract management procedures and performance evaluation procedures.We should treat the recipients of public legal services equally,respect their will and rights,and actively promote the cultivation and development of social organizations.At the same time,we will introduce the recipient-centered thinking,clarify the standards of public legal services,and ensure that the services accepted by the public are high-quality and satisfactory.Third,we should establish the operation mechanism of the government’s purchase of public legal services and improve the level of the rule of law for the government to purchase public legal services in terms of the procedure system and the supervision-evaluation mechanism.Program design is an important content to ensure the standardization of government’s purchase of public legal services.Assessment and supervision mainly include internal assessment and supervision,assessment and supervision of administrative departments,and supervision of the public and service recipients.Fourth,we should improve the guarantee measures for the government to purchase public legal services,such as rule of law culture,organizational guarantee and fund guarantee.Rule of law culture is the conceptual basis for the legalization of government behavior and the public’s demand for public legal service in the process of public legal service purchase.The government’s purchase of public legal services is the joint governance of public affairs by the government,society and market,forming a cooperative governance structure of the government,society and market.The development of cooperative governance structure must be closely related to effective organizational safeguard measures.The organizational guarantee of government’s purchase of public legal services must first adhere to the Party’s leadership of public legal services.The legalization of China’s public legal service cannot be separated from the active participation of lawyers and grassroots legal service workers.Without government funding support,and actively expand the public law service source of funds,to strengthen public law service of funds management,scientific,reasonable and efficient use of fiscal funds,not only is the government to buy the basis and premise of public law service smoothly,but also the best way to prevent power corruption.The Party Central Committee with General Secretary Xi Jinping at the core has led hundreds of millions of people through eight years of arduous struggle,won the great victory in the fight against poverty,and achieved the grand goal of building a well-off society in all respects,which is an eternal monument in the history of the development of China.The comprehensive establishment of a well-off society will help increase financial support for public legal services,and achieve equalization and full coverage of public legal services.Based on the logical connection between public legal services and governance,an in-depth study on the rule of law for the government to purchase public legal services will not only help promote the standardized development of national and social governance,but also contribute to the realization of the goal of good governance of national and social governance.It can also realize the interaction and coupling between the rule of law and good governance in the process of government purchasing legal services as well as facilitate two-way and normative interaction between government and society.Moreover,it can promote the modern development of the national governance system and governance capabilities.