Research On Legal Issues Of Government Procurement Supervision In China

Since the promulgation of the Government Procurement Law and the Bidding Law,China's government procurement supervision has the basis for legal implementation.As the legal basis for government procurement supervision,the promulgation of the two laws has changed the mode of self-regulation by the procurement executive department,and the separation of procurement execution and procurement supervision through external supervision.It has greatly promoted the smooth implementation of the government procurement law and the bidding law,and effectively regulates the abuse of procurement power,the poor use of procurement funds,and the bad competition in the procurement market.However,at this stage,we should still recognize that in the process of government procurement supervision,the regulatory authorities fail to comprehensively consider the value of the law in the implementation of the law,the principle of supervision and implementation is confusing,and it relies too much on procedural supervision and external supervision.the problem still exists.These problems have made China's government procurement supervision still under the control of the government procurement law and the bidding law,and there are still obstacles to implementation.How to perfect these problems is of great significance for improving the legal system of government procurement supervision and establishing a good government image.This paper intends to analyze the legal issues of the government procurement legal supervision system from four aspects,and put forward some ideas from the perspective of theory and practice.The first part analyzes the legal value of the government procurement supervision law from the perspective of jurisprudence.On the basis of combing the theory,the goal of government procurement supervision is clarified.The second part mainly analyzes the status quo of China's government procurement supervision law,and at the same time puts forward specific problems.These problems mainly reflect that the legal value of the supervision law has not been fully realized,and the procedural dependence on the supervision law has lost the fairness of the law.The pursuit of goals.At the same time,external supervision still has imperfections,which hinders the realization of the fair value of external supervision and promotion of government procurement supervision laws.From the analysis,such as the unreasonable setting of the regulatory institutions in the implementation of administrative supervision,the lack of substantial fairness in the implementation of excessive legal procedures,and the high cost of social supervision failed to effectively link with judicial review.The third part is the reference to the legal system of government procurement supervision in Western countries.This chapter is based on the international government procurement agreement and the legislative principles of foreign government procurement supervision laws,the pursuit of the legal value of government procurement supervision law,the external supervision legislation and how the social supervision process promotes the government procurement supervision law to achieve fair value.Comprehensive analysis.Provide extraterritorial experience for the improvement of China's government procurement supervision laws.The fourth part puts forward the perfect way of government procurement supervision in China.According to the problems existing in the current government procurement supervision law in China,the necessity of solving the problem and related suggestions are put forward.Such as the establishment of a unified regulatory enforcement principles to promote the reform of regulatory agencies.Regulatory assessment of factors affecting the fair value of regulatory laws and the improvement of external supervision mechanisms to promote the fair value of regulatory laws.