Research On Legal Mechanism Of Regulation Of Government Procurement Market

Under the circumstances of modern market administration and homoerotic governance, still adopting an accustomed thinking and analyzing the government procurement and its marketing regulation as if those were still administrative problems will be no longer able to meet the demands of overall development of the marketing system and government procurement marketing regulation.To formulate modern government procurement, competition and marketing regulation shall be emphasized in every procedure of the procurement. Meanwhile, government need restrict its financial management and regulation so as to increase its financial impact in the society. Then, the modern government procurement can assist central local government to serve the purposes of issued policies in perspective of macroeconomic regulation and control, as well as facilitating social stability and sustainable development.Government procurement market regulation is a sophisticate issue falling in the categories of both sociology and economy. Therefore, government procurement market cannot be effectively regulated by either market mechanisms or administration mechanisms alone.The objectives of government procurement market regulation are twofold. On the one hand, the regulation will directly affect the government procurement market pricing system as government entering the procurement market, on the other hand, it represents economic operation and governance that will assist government to achieve its political objectives and reconcile the social demand and supply.The confusions will then easily occur between excessive government procurement r egulatory policies, excessive regulatory administration; as well as among government reg ulatory action, government procuring action, and the action of procurement organization.In this regard, questions such as against the market mechanism to make a"single settle" by government along, to purchase the "worthless" products with high price but low efficiency, or the government rent corruptly to undermine the balance of administrate management and procurement department would spring up. These problems may bring about operational unbalance in public capital, national market and the over all economy target. Digging deep, all these have a lot to do with government procurement market regulation manner and the termination of the process. The reason why problem lies in government procurement market regulation is that this lacks the guidance of effective restriction mechanism. In principle, relevant law system mingles government procurement market law system and the legal mechanism of government procurement market regulation, but in practical the law system has been ignored, though some law system lacks law mechanism design and security, the standard approach and the alternative problem of government procurement market regulation hasn’t been worked out, neither the government procurement market and the regulatory security approach is solved. All the problems above have drawn high attention to combination of theory and the applicability.This paper states that it is ineffective to meet the demand of government procurement and marketing regulation required by national market governance and a new round financial reform, only by adopting the tool of administration and policy mechanism or relying on some of the legal system. Establishing a legal regulative system of government procurement is the fundamental way to solve the problem. When studying the issue, the author refers to the research methods of various disciplinary such as economics and politics, centering on the analytical method of law for a deep comprehensive theoretical discussion of the empirical issue of government procurement and marketing regulation.Having analyzed the literature review and research results at home and abroad, it is found that government procurement market not only possesses professional structure within the general market performance system, but also has the characteristics without the system such as providing public products and regulating market by the government. Thus, it allows space and prerequisite for government involvement and regulation to solve various situations when market regulation fails to work. Due to the complex position the government plays in government procurement, problems are likely to happen in the following aspects. Firstly, there is no clear boundary between government procurement and regulation; secondly, government procurement seeks rent; and thirdly, both procurement and regulation are highly administrated. These problems arouse repeated arguments on the restraint and institutional norm of government procurement and marketing regulation in theory and practice, but most related research results focus on independent studies in different disciplinary. Moreover, these studies primarily centers on traditional market theory and the efficiency of using public money, namely having regulation; and these arguments, even if concerning legal science, also centers on the relationship between market inefficiency and macro-control, rarely focusing on the legal tools and effective process restraining mechanism of government procurement and marketing regulation. Compared with specialization of government procurement market theory and diverse practice of the legal mechanism design of government procurement and marketing regulation in foreign countries, domestic research still concentrates on the cognition of government procurement administration, basically failing to touch upon the legal mechanism of government procurement and marketing regulation. The results are, as well, mostly about mechanism design in economic theory and analysis of governments entering marketing procurement, namely direct effect in market. They are not abound in designing demonstration of the operation and arrangement of legal mechanism of government procurement and marketing regulation, nor do they agree to the designing demonstration of legal mechanism of government procurement and marketing regulation in China. However, these literature reviews also have positive points. For example, law study directly provides the research value and empirical method of this paper; the market theory in economics supports demonstration of the uniqueness of government procurement and marketing regulation; politics provides analytical basis for government procurement in regulating political interest; and mechanic theory provides the mechanic certainty model and analytical frame for this paper.The market regulation of government procurement, on the one hand, is the government steps into procurement and directly impact on price system. On the other hand, it balances macro economy in order to achieve total demand and total supply balance. There is dilemma of excessive government procurement regulatory policy, administration, and the plight of the behavior of government regulation, government procurement and procurement agencies behavior of confusion. Specifically, contrary to market mechanisms appear, government procurement "mouthpiece"; public monopoly to buy products directly, government procurement high cost, low efficiency rent-seeking and corruption.These problems can lead to non-efficient of public financial resources and national market governance and overall economic objectives. Many problems in government procurement are because lacking of efficient restraint mechanism. In China, the legal arrangements mixed market legal system and market regulation of the government procurement. In fact, ignored market legal system. There legal content though, no actual legal mechanism. There are unsolved problems of regulation methods and tools in market regulation of government procurement. These issues have gradually attracted attention theory and practice.Government procurement and regulatory activities directly related to the market behavior is not determined by the preference. The failures of different market mechanisms, management mechanisms, regulatory mechanisms, and financial practices are not caused by different interests. Many countries often take fiscal policy as direct tool which is very valuable and practical tools. Foreign financial regulation law has begun to use legal mechanisms to plan effective control mechanism to solve the financial problems, such as in2008, the US through the legal form to increase purchases of government procurement budgets such as education, infrastructure, engineering and procurement. To this end, different countries or regions with a regional legal mechanisms at different levels of regulation to implement the arrangement legal experience and the central law-based regulation of diverse legal way.This paper, based on the social value of significance of government procurement market regulation and legal mechanisms, combined with China’s government procurement market regulation specification methods and tools selection, intends to make a new interpretation of government procurement markets and the regulation of government procurement market and to reconstruct path of the government procurement market regulation. The legal mechanism is the right choices of market regulation of government procurement market regulation.To do this, changing the government procurement market regulation administrative philosophy is crucial. Establishing the legal principle of government procurement is the basic. And designing of legal model is the goal. This paper proposes the specific legal mechanism for China’s market regulation of government procurement. That is, in term of the legal awareness of government procurement, China should establish legal mechanisms value focusing on the value of the market, the interests and the society; in terms of systemic issue of government procurement system issues, firstly, China should construct the basic principles and the behavior under the principle. Secondly, design a specific mechanism and establish legal mechanisms regulating government procurement infrastructure mode. Especially, construct dual model of international law and domestic law. Finally, the legal research in market regulation mechanisms can not only provide design concept for legislation, programs and institutional arrangements method framework model, but also a legal protection of effective operation market regulation of government procurement.Research on legal mechanisms of market regulation of government procurement meets the theoretical and practice needs of fairness, effectiveness and public good supply of China’s government procurement market regulation. At present, China’s new round of financial reform at a critical period, in order to ensure the effective use of public funds, China must standardize market regulation of the government procurement. Therefore, to establish an effective legal mechanism to run the market regulation of government procurement is critical to the achievement of national economic development strategy, deepen market system reform and the people’s livelihood. It is an extremely important issue needs to be studied and responded.