On The Legislation Of Government Procurement

Government procurement is an important way that many countries in the world manage social economy. Government procurement differs from the private purchase and the enterprise purchase. It has its own characteristic, object, and principle. The important international organizations and many developed countries have set up legal system to rule the government procurement. But our legislation of government procurement is very weak, so we should pay more attention on this field.This thesis does not discuss all parts of the government procurement system, but emphasizes on the following two problem: one is the legal nature of the government procurement action and the government procurement contract, the other is the management system of the government procurement. The thesis is composed by four parts.The first part discusses the fundermental theory of the government procurement. The writer give a definition to the government procurement, then the writer think that the procurement action includes the civil element and the administrative element, but the procurement contract is still an administrative contract.The second part researches the procurement law in foreign countries. The writer compares the characteristic among the laws and points out the suggestion. Then, the writer introduce the Government Procurement Agreement in detail and analyzes the influence on our government procurement law.The third part dicusses the situation of government procurement law in our country. The writer recalls the development of our government procurement and researches the problem of our procurement system fully.The forth part researches the management system of government system. Firstly, the procurement model. The writer discusses the different models hi the world and direct the procurement model we should take; Secondly , the procurement management system. The writer discusses the obligation of the different entity respectively and the relationships among them. Thirdly, the procedure to settle the procurement dispute. The writer uses the foreign law for reference and designs four ways to settle the procurement dispute in our country.