Government Procurement System Created Research

The government procurement system which is based on the public finances, is not only the inevitable result of the development of market economy, but also the important means to achieve the National policy goals. It plays a key role in macroeconomic regulation and controlling the whole social economic life and promoting the healthy development of socialist market economy as well. Our country’s Government procurement system is booming, the proportion in purchasing market is becoming larger and larger and we should not ignore the impact on the market economy. Therefore, the regulation and improvement of the government procurement system is related to the rise and fall of the procurement market,the economic order of the market and the policy goals and the social impact as well. The legal system of Government procurement has the relevant legislation,the related system and the social factors. Its construction must be based on the comprehensive measure and optimizing configuration. Only in this way, the legal system is able to play the functions of government procurement and achieve objectives of the government procurement." The government procurement law of the People’s Republic of China"(hereinafter referred to as "Procurement Law")has been implemented for ten years since it had been issued in2003.Detailed rules for the law still in the form of "the paper" to take advice, but the related laws and regulations are not adjusted in time, some problems which result from this are very difficult to be solved in time. In this situation, it’s very urgent to perfect the legal system of Government procurement and make the principles of justice,faimess and openness come to the real;ty. So the public can understand the production and solution of the dispute in legal" dspects,1ad the public concern the production and solution of the dispute in the point of legal system and participate in the supervision of the legal system of Government procurement. Therefore, it is necessary to improve the Government procurement theory and construct the legal system of Government procurement from economy, politics, management, legal, social and other multi-dimensional perspective.One of the focus of this paper is to analysis the cause of the problem and have a comprehensive understand of government procurement in the point of the idea that the legal system should be completed. The other focus of this paper is to bring up the reality measures by absorbing other country’s experience and considering our country’s reality. In this paper, I try my best to reorganize and consolidate the related theories and construct our country’s legal system of Government Procurement. The Government Procurement has its own profound intention, it involves every aspects of the country and society and the legal system of Government Procurement must guarantee the Government Procurement carry out smoothly and give full play the Government Procurement function. All of this should be considered under the circumstances of the state and society. As for the perfect measures such as right remedy,supervision system and green purchasing, it is from the extension of the relationship between state and society, its ultimate goal is to improve our country’s legal system of Government ProcurementThis paper has four main chapters. The first chapter is to analysis the theory of the Government Procurement legal system. The Government Procurement legal system formed in the free capital socialist period and is the result of the Government Procurement practice for a long time, its purpose is to regulate the behavior of the Government Procurement and implement standardized management. In the modern market economy, the law of foreign Government Procurement has been formed system and related system also tend to be more detailed. Our country’s Government Procurement is emerged in the case of a preliminary socialist market economy development and related legal system is gradually formed, some aspects that need standardize and perfect are solved step by step."The Government Procurement Law" has established our country’s purpose of Government Procurement policy, include procurement domestic goods, protect the environment,support underdeveloped and ethnic minority areas, promote the development of small and medium-sized enterprises. Between various policy objectives it is necessary to coordinate in the aspect of value and the limits of their own in order to protect the social interest. The legal principles of the Government Procurement are openness, fairness, justice and good faith. These principles are important security of smooth implementation of Government Procurement and ultimately achieve its stated goals.The second chapter is the location of the legal system of Government Procurement. The Government Procurement has some characteristic such as the specificity of the subject, nonprofit, the commonality of funding sources, normalization, policy and so on. The Government Procurement play a key role in provision of public goods, regulation the operation of national economy and saving fiscal expenditure. Because of the characteristics of the Government Procurement,it is decided the "Procurement Law" is a department of economic law; The Government Procurement contract should be positioned as a civil contract; The relations between "Government Procurement Law" and other related department such as the Bidding Law should insist on the principle of clear relationship and resolving the application of law and combine the two laws. As Government Procurement the main method, tendering and bidding should accept the adjustment of "Government Procurement law". The "Bidding Law" should be included in the "Government Procurement Law".The third chapter is the Government Procurement legal relationship. Government Procurement legal relation is composed of three elements of subject, object and content. The body of the Government Procurement law relations are these people who enjoy rights and assume the obligations. Right subject is supplier which enjoy the right of fair competition, right to know and right of relief; Compulsory subject is purchasing agent, they have the obligation of disclosure of Government Procurement information. Suppliers and purchasing agent is the parties of the legal relationship, its legal status is formal equality but substantial inequality, because of the inequality between suppliers and purchasing agent in information acquisition and in comparison of economic power. The Government Procurement legal system has disadvantage in relief of the suppliers. There are differences in status between them, the supplier is weak subject, but the purchasing agent is strong subject. The rights of the supplier are susceptible to damage, the legal system should protect their rights; The object of the Government Procurement Law includes the object of procurement cargo, service and project);procurement fund and specific government procurement behavior. The fourth chapter is the improvement of the Government Procurement legal system. I put forward some suggestions about improvement by aiming at the problems existing in the government procurement legal system. First of all,about the construction of relief system of the supplier rights, we should abolish the prepositional procedure, set up independent of the accepting institutions and expand the relief object; we should also add relief channels of civil litigation in judicial remedy, the scope of the subject of civil lawsuit should include the supplier who has been damaged and the potential suppliers; The second point,as for the Government Procurement supervision system, in order to have effective regulation on Government Procurement, we should improve supervision legal system and unify regulatory subject, carry out the combination system in internal supervision and external supervision, regulation in advance,during the period and after the event, the supervision of public power and private power; Last but not the least, about Government Green Procurement system, we should take law as the cornerstone and set scientific green standards,achieve the green government procurement in order to promote the sustainable development of the market...