Abstract：From the public choice theory, the theory of the new public management and the management theory, the paper demonstrates the rationality of the marketization of the public service, which provides theory basis for the government's public service outsourcing. The new administrative contract in promoting the development of the outsourcing plays an active role, and the contract outsourcing also indirectly plays an active role in promoting the new administrative law. But there still derive many problems that the government should deal with in promoting outsourcing contract process, therefore, the thorough analysis and the effective measures to solve these problems are vital significance for changing the difficult situation of China's public service contract outsourcing.

Keyword：government's public service; public service contract outsourcing; laws and regulations;