On The Legal Problems Of The Government Purchase Legilation

AbstractGovenunent Procurement is an importan way that many countries in the wordmanage social economy Govenuneot procuremellt differs from the private purchaseand the enterpaise purchase. It has its own characteristic, object, and principle. Theirnportant intemational organiZations and many develoPed countries have set uPlegal system to rule the govenunent procurement.Our govemment procurementtakes the prominent place in the economical development, but the legislation is veryweak. So we should pay more attention on this field.The first part: The legal denominate of Govemment procurement. After lookingthrough and contracting of many concepeptions of Govenunellt procurement, thisissue tries to give a new denomination to it. As the author regarded. Govementprocurement is the way that the govemrnent uses financial fimds to buy goods,project and service by legal founds and proecdure, in order to develop its dailyfinancial maneuver or meet the needs of social mass sevice. To identify it moreaccuratly, the issue analyses its featUre ioto seven aspect.And, from the quality ofgovemment procurement contract, it analyse the legal quality of govenunentprocuremefit actions.The second part: The anlyses and use of the developed coutries andintemational orgedZaion's purchase legislation. Having inspected the ways ofpurchase legislation such as AInerician, Enland, JaPan and some intemationalorgtalZations, The thesis induces many useful exprinces which we can draw lessonsin the present sitalions.Tbe third part: The arilyse of the present sitUaions of our govenaent purchaselegislation .The thesis looked through many local regulations, draw the lines of our present legislation situations, confirms its positive affect in standarding the government抯 purchase actions, and point out the questions in the course of legislation. In the basis of these, the thesis found and anlyse the deep resons of present legislation situation, such as the deviation questions of thinkings, by doing so , it founded the ideology basis of our government pruchase lines.The forth part: The plan of our government purchase legislation.From many aspect such as policy aims, the prime principles and the content ,the thesis founded the design of the government purchase laws.It make clear the importance of the govemement purchasemoods,managing pattern,inspecting pattern judicial cemedy,specific regulations,and so on,in order to assure its standard and legial running.Regareded to China in the chaning situations, to found and satisfied the government purchase legislation is unquesioned a huge and complex system engincering.It related not only the changing of thoughts,but also the reform ann founding of the formed institution. So,we should draw the lessons of the advanced expericence of other countries and lociations in their process of legislation and judicature, in our factive stuation , to explore the suitable ways of the government purchase,the manging system and supervise mechanism.By doing so, we can give free rein to the government purchase抯 found in the centralize guidance,and manke our ecnomicdevelop more orderly and helthy.