构建公共服务法律体系的理论逻辑及现实展开

Theoretical Logic and Practical Construction of the Public Service Law System

公共服务最初导源于"生存照顾"理念,主要体现为针对弱势群体的社会保障制度。现代社会的公共服务理念正在向激励并促进个人和社会全面发展的方向转变,它要求建立面向广泛社会成员的、全方位的公共服务法律体系。我国宪法及相关法律法规已经覆盖到公共服务的大部分领域,但仍然存在关键领域立法缺位、立法理念落后、可操作性不强等实际问题,这些问题严重制约着我国公共服务的供给能力和供给水平。现阶段,我国亟需制定一部公共服务基本法,以发挥立法上的统领和指导作用。在公共服务基本法的基础上,还应制定或完善公用事业法、社会保障法、公共安全法、社会事业法、公共财政法等公共服务单行法,形成公共服务基本法与单行法协调统一的中国特色公共服务法律体系。

Public service in the traditional sense derives from the concept of "survival care" and is mainly reflected in the social security system for disadvantaged groups.The public service concept of modern society is changing in a direction that encourages and promotes the comprehensive development of the individual and society and demands the establishment of a full-scale public service law system that is open to a wide range of members of society.At present,the Chinese Constitution and related laws and regulations have covered most of the public services.However,it is undeniable that there are still many practical problems in the legislation in this area,such as the lack of legislation in the key areas,the outdated legislative philosophy,and the low operability of some laws and regulations,that seriously restrict the supply capacity and supply level of public services in China.At the current stage,China urgently needs to formulate a basic law on public services that can play a leading and guiding role in legislation in this area.On the basis of the adoption of a basic law on public services,China should also adopt or revise the public utilities law,the social security law,the public security law,the law on social undertakings,the public finance law,and other separate laws on public services,so as to form a public service legal system with Chinese characteristics in which the basic law is harmonized with various separate laws.