Analysis On The Purchase Of Service By Economic Law

Basic public services equalization promotes the purchase of public service in our country. Thegovernment forms the relationship of purchase service among the market organization, socialorganization which provides public service. To solidify the legal theory and construct thelegislation of Purchase of Services, the paper tries to introduce a legal paradigm with regulation toeconomic law. Besides, it analyzes the practice, the optimization path and the economic legislationchoice to Purchase of Services.The first part of the paper starts with the theoretical analysis of Purchase of Services, whichcontains three parts. First, the paper analyzes the conception and nature. Second, the paper turns tothe analysis of legal relationship, by reproving the definition of the existing theories,which definesit to a binary structure of legal relationship,which is based on the civil relationship of contract lawand the regulation or supervision relationship on economic law. Finally, in the context of economiclaw, the paper defines the regulation paradigm of Purchase of Services, which introduces theinteraction structure of power and right.The second part does a survey to the practice of Purchase of Services by analyzing theregulation paradigm. First, the paper examines the western model of typical countries in Europe,America and Hong Kong’s public service. Secondly, it typically sorts out three model of Purchaseof Services in the mainland of china, which involves marketilization, socialization and institutionmodel. Finally, it inspects the sample of Purchase of Services in the context of economic law andanalyzes the differences between two sample, by which it concludes that Purchase of Services inthe mainland of china doesn’t form the interactive structure of economic power and right.In the third part, the paper identifies the way to improve Purchase of Services in the mainlandof china. In the first level, it identifies the mode of Purchase of Services. Based on the reflection ofthe phenomenon of "inverse privatization", it conceives the regulation pattern of Purchase ofServices. In the second level, it identifies the subject of Purchase of Services, clears the position ofgovernment, the public service provider and service consumer according to the mode of power andright structure. In the third level, it identifies and reviews the regulations of Purchase of Services,and embeds in the regulation paradigm.The fourth part concerns the design of the economic legislation to Purchase of Services.Based on the regulation paradigm, it proposes the economic legislation mode including incentiveand regulation. On the one hand, it fixes the system of regulative legislation to protect the providing of public service effectively. On the other hand, with the design of the stimulative system,it gains a lasting development of Purchase of Services.