Division according to the duality of the public and private law，Public services as an important function of the government，Usually adopt publicized organizational form。In recent years，For the marketization of public services、Some disadvantages after industrialization，The call of public service "publicization" is getting higher and higher，Even some people advocate their "re -administrativeization"。But in practice，The main body of administrative tasks presents a variety of forms，Framework that has surpassed the two -point public and private，This has a clear manifestation in the "Fourteenth Five -Year Public Service Plan" (hereinafter referred to as the "Plan")。So，Organizational form of public service，The object you selected is not an ideal structure in the abstract sense，but a practice -based、Operating mechanism that can ensure its publicity。

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Public services are not illegal concepts，The current definition and use of this concept，Exist that emphasizes the relationship between "demand -supply" and "service -service provider" relationship。Auxiliary principles are the primary organization principles of public services，That is the public service provided by the government，It is necessary to obtain it when you only get your own efforts or rely on social help (efficiently).。In organizational division of labor，Government providing public services is a supplementary auxiliary behavior，The order has a certain limit in order。Supply range and subject of public services，To a large extent, the dynamic relationship between the public and private areas。Must be further explained: First，The provider of public services is not limited to public entities，The bet365 live casino games government is the main supply subject of basic public services，instead of the only subject。Although the basic positioning of public services is public welfare，But the publicity of the organization ensures that its public welfare is not the only choice。2，The scenario of the government provided public services is mainly the situation of market failure，but not limited to this。The market itself cannot provide public items efficiently，Personal life difficulties caused by emergencies such as natural disasters，Resource allocation of unfairness caused by uneven allocation，All can be the reason for providing public services。third，Auxiliary principle is only applicable to the situation of sharing permissions。When certain functions are in accordance with their own attributes or laws，Time to exclusive permissions belonging to specific organizations and individuals，The principle of auxiliary assistance is not applicable。

"Planning" around the relationship between "supply -demand"，Demand requirements into three levels: Basic needs for the whole people、High -level needs of most citizens and the individual needs of residents，Correspondingly determined government responsibilities as the final guarantee liability、Actively promote responsibility and order maintenance responsibilities，Macro established a diversified supply pattern under auxiliary perspective。This arrangement presets the priority of social and personal self -responsibility，The direct responsibility of the state is limited to the basic needs of the minimum guarantee，Is the basis for the basis of the establishment method。such as，"Constitution" Article 45 of the "obtaining material help right" guarantee subject，At the same time, including "state" and "society"; Article 46 of the Constitution and the Compulsory Education Law except clarifying the right to educate the right to educate、Compulsory education is beyond the Bet365 lotto review public welfare undertakings guaranteed by the state，It also encourages social forces to participate in education; the "Basic Medical and Health and Health Promotion Law" stipulates that basic public health services are provided by the state for free，Basic medical service costs are mainly paid by basic medical insurance funds and individuals，Citizens have the right to participate in basic medical insurance。

The "publicity" of public services is manifested in two aspects: "universality" and "equality": universality refers to public services for all people to be available，It is mainly provided by the government for free; equality refers to equal enjoyment，The state has the obligation to promote the development of public services、Immortality in the resource of correction area and group。For the government，This publicity is both the basis of government power，is where the legitimacy is，It is also the boundary of government power，Where the legitimacy is。So，Educational undertakings organized by non -government subjects、Medical and health care obviously also belongs to Bet365 lotto review public welfare undertakings that meet the sense of public needs，So you cannot simply make public welfare and organizational form of publicity and organizational form。

　　Promoting the reform of legal personization of public welfare institutions

Based on the principle of public service assistance，Organizational form to determine public services，It is also necessary to clarify the government's responsibility performance method。Current，There are three main ways to provide public services in the government: First, perform directly，Performing the duties in the organizational form of the administrative organ。Second is the guarantee performance，It is directly fulfilled by the public welfare organization established according to law，The government provides full funds or funded by project，If the organization fails to perform responsibility，The government assumes Bet365 lotto review the final responsibility。Third is the purchase service，The method of government procurement is used，Buy public products or services from qualified subjects。"Buying Service" is not limited to purchasing in the traditional sense，It also includes the public building mentioned in the Plan、Government and social capital cooperation。Division of the Performance of the Government's Public Service Responsibilities，It highlights the important role of public welfare institutions as the undertaking of public service。So，How to transform public welfare institutions on the organization should be more concerned。

Current，The overall direction of the reform of public institutions is still "separation of political affairs、Separation of things and enterprises、Separation of Management Office "。For this，A pretty suggestion is，Reform public welfare institutions into independent administrative legal person。Follow this thinking，Administrative legal person is neither an administrative agency at the level，Not a private legal person who is not interested in autonomy，It is the third type of subject that provides public services outside the two。On the one hand，Independent administrative legal person does not have to be directly managed by the state，It can be more loose personnel、Financial rules，Moderate introduction of pursuit efficiency、Flexible and flexible tissue mode，Pay attention to the improvement of cost returns and organizational efficiency。On the other hand，Independent administrative legal person is a public organization with administrative tasks，Established according to law and authorization，The cause of its undertakings is that civil organizations cannot completely replace，Therefore, independent administrative legal persons are not as free to dissolve as private legal persons。

This idea has important value for the reform of the legal person in my Bet365 lotto review country。Current，my country's public institutions have the needs of de -administrativeization，There is also the need to enhance public welfare。Institutions' legal personization，can break the administrative level，Give public institution legal person greater autonomy，Clarify the boundaries of its rights and obligations; and establish a relatively stable organizational structure and effective supervision mechanism，Make sure its public welfare is not distorted by interest induction mechanisms。What needs to be clarified is，De -administrativeization does not necessarily weaken the public welfare of public institutions。such as，Social concepts are usually considered，The public welfare nature of public hospitals and private hospitals is very different，But empirical research shows that the two are similar in terms of public welfare。So，Management and organizational structural factors，instead of the strong and weakness of the publicity，It can better affect the quality of public services -the safety standards for surgery are in public、Private hospitals are equally applicable，The professional level of the doctor is not necessary to associate with the main nature of the hospital。other，There is a big difference in legalization of public institutions in different industries，Can't simply apply the same tissue structure，Must be based on its field、Driven function and specific environment for design。

　　Make sure the "publicity" of the public service operation process

Public welfare pursuit of public services，Often conflict with the operating method of corporateization。The basic idea of ​​the design of public service organization is: the nature of public service matters，Improve operating efficiency in the most appropriate organization，Improve service quality and ensure the transparency of administration。For the publicity of the organization，Traditionally there are three judgment bet365 best casino games factors: (1) Legal status，Who is the owner of the organization，Who is finally responsible for the performance of the organization。That's why，Public organizations are owned by all people's collectives。(2) Source of funds，That is, the source of funds from the organization is provided by the taxpayer，Still consumer payment。Public service costs are usually paid by taxpayers，But there are also situations where users pay。(3) control level，That is, the degree of organization affected by political power rather than market forces。For this，Public sector can pass beforehand、Quality Standards、Direct control of the final decision right，You can also pass fiscal funding、Personnel Selection and other mechanisms to achieve indirect impact。Generally speaking，Public services as an administrative task，Its operating process has never exceeded the control scope of the administrative department，Even if the organizational form is realized in private law，The publicity of the administrative task itself still exists。

So，For public services，Its publicity is not a problem, but a problem with the degree，The degree of publicity will affect the performance of the organization，It will also affect "internal tissue variables"，If the value of the organization、Structure and target。Publicity emphasizes a process characteristics，instead of simply associated with a specific tissue type。For public institutions currently controlled by external administration，Especially functional external governance。such as，In addition to the quantitative indicators of performance，You can also conduct quality evaluation of public services through an independent evaluation committee; strengthen social supervision of public services，Improve the transparency of the business activities of the public service department; strengthen the regular information disclosure bet365 best casino games of public enterprises and institutions，Including information such as annual financial statements and annual operating status。other，When the government cooperates with other social organizations to provide public services，You can clearly clear the performance standards of public services in the form of a contract、Participate in the public、Supervision and certification of third parties，The contract mechanism is used as a means to ensure publicity。

　(Author is an associate professor of Beijing University of Aeronautics and Astronautics)