The Research On Public Private Partnerships In The Public Procurement Law

Public procurement is the development of government procurement,the generation and development of modern Public procurement law is inseparable with government functions and its management style,reflecting the change of governmental management notions,is a tool of promoting government reform.Governance changes and the rapid development of information technology is the general background of public procurement which is the important content and reflecting of public private relationships governance and network governance.While there are more parties participate in public procurement,the protagonists are sellers and buyers,the procuring entities using public procurement funds and the suppliers providing goods,construction or services,the parties participating in public procurement can be divided into public and private two basic categories.Indeed,the procuring entities using public funds are hiring managers,Economic Man Presumption,Principal-agent Relationship reflects public private relationships between the entities and the public procurement workforce;Principal-agent Relationship also exists between suppliers and their employees,and shows as the public private relationships to a certain extent;there are public private relationships of other dimensions such as the relationships between the taxpayer and the aggregation of entities and suppliers.In public procurement's multidimensional public-private relationships,public-private relationships around he procuring entities including the relationships between the procuring entities and the suppliers(external public-private relationships of procuring entities),the relationships between the procuring entities and their employees(inner public-private relationships of procuring entities),are the main contents of Public Procurement's Public Private Partnerships.Furthermore,Public procurement is a management chain which begins with the budget and ends after the performance evaluation,so the public procurement law should cover the entire procurement chain,including institutions of budgeting and procurement plan,Procurement Proceedings,Contract management,query and Complaint,the public private relationships run through the procurement chain.The Public Procurement law should contains the procurement chain,regulates public private relationships of the public and private parties' two different sides and the public private relationships of the public and private parties' cooperation.The research of public private partnerships in the public procurement law,is the requirement of the external environment and the needs of itself,and has a vital theoretical and practical significance to China's public procurement law.This paper's research thought is as follows: on the basis of defining the basic concepts of public procurement and public private partnerships,analyzing the existing theories,combining to the theory of Chinese economic law,advancing the public procurement law is the Coupling law of both the public and private;indicating the Public private relationships feature the multi-dimension in scope,function and regulation,anamorphic public power and private right in procurement process,coexistence and bidirectional strength of regulation and incentive;then analytic demonstration of above features from statical procuring entities,dynamical procurement process(procurement plan,formation of contract,Contract management),remedies of query and Complaint,external environment of information technology;summarizing the better measures,methods in handling public procurement public-private partnerships of the overseas relative legislation,discovering China's Public Procurement Law's gap and problems,offering some relevant suggestions.This article is divided into ten sections,including introduction,eight chapters and epilogue.Introduction sets out a brief account of the background and significance,research methods,innovations and deficiency.Chapter one is the foundation of the paper,through analysis of the relationship of public procurement and government procurement,multi-dimensions difference and public procurement chain,defining the basic concepts of public procurement and public private partnerships,extracting the dimensions of public private partnerships,explaining the necessity of research on public procurement public-private partnerships.Chapter two is a key part of this paper,points out their shortcomings of current theories,use china's economic law theory for reference,advance the public procurement law is the Coupling law of both the public and private.The multiple dimension of public private relationship,the consensus on the integrated theory of public procurement contract and the comprehensive application of mechanism for public law and private law adjustment jointly approve that the public procurement law is the Coupling law of both the public and private.Public private relationships feature the multi-dimension in scope,function and regulation,anamorphic public power and private right in procurement process,coexistence and bidirectional strength of regulation and incentive.The content from chapter three to chapter eight demonstrate public and private coupling characteristics in detail,express characteristics of the public procurement law's public private partnerships from budget and procurement plan,formation of contracts,contract management,remedies and public e-Procurement,show it's changing process from budget democracy,administrative procedure,civil or commercial contract.Chapter three demonstrate that Professionalism of the public procurement workforce is the key to resolving Public Private relationships of procuring entities through comparing the contract officer in the United States system,and analyzes briefly the delegation of procuring entities,propose China should piercing the procuring entities' veil,accelerate institutional improvement of public acquisition workforce professionalism.Chapter four advancing the budget democracy establish the direction of public procurement budget and procurement plan institutions,procurement plan is the implementation path of the budget democracy by the public procurement budget literature analysis and instructions comparison of procurement plan.China should perfect budget and procurement plan institutions from public and private angle.Chapter five discuss the public private relationships in the formation of contract,the regulation and incentive of contract formation institutions embed in the strict procedures,the competition requirements,the diversified methods,the ptrict responsibilities,the reasonable functions,China public procurement law should build up systematic,multiple,rigorous,flexible contract formation institutions system as soon as possible.Chapter six combs the extraterritorial contract management institutions,detect that the contract management institutions are the guarantee of public private equality such as contract administration organization,clear responsibilities,strict procedures for contract modifications,termination and Subcontract,contract dispute institutions safeguarding the interests of public /private and offer fair and efficient legal channel.Chapter seven compares the institutions of subject,scope,independent body to oversee the review between china public procurement law's and relative procurement law,and puts forward suggestions of reasonably determining the subject,scope of query and complaint,improving procedures etc..Chapter eight introduces key factors influencing the Public e-Procurement implementation documents analysis,and introduce new progress of Public e-Procurement institutions in the United States and Europe from the perspective of systemic comparison.China should overcome dual pressure of the public procurement laws' defects and the new problems the Public e-Procurement generates,strengthen the top-level design of the Public e-Procurement institutions.The epilogue conclude the full text is summarized and further clarified the relevant Suggestions.This article,by using the theory of law sociology,management etc.,compare,analyze international public procurement rules and developed countries and regions' public procurement law,tries to extract the law of public-private partnerships in the public procurement chain.The innovation points include : defining the basic concepts of public procurement public private partnerships;advancing the public procurement law is the Coupling law of both the public and private;indicating the Public private relationships feature the multi-dimension in scope,function and regulation,anamorphic public power and private right in procurement process,coexistence and bidirectional strength of regulation and incentive;demonstrating the characteristics of the public private relationship from public procurement chain's each link and as a whole;discussing how to balance,process public private relationship in specific rules.The deficiencies of this article include: limited to the public procurement law of the United States and Europe;there was not in-depth and systematic research of relative methods,model in public economics,public management etc..