Study On Government Procurement In The Sight Of Administrative Law

It is an important part of establishing administration rale of law for government procurement to be legalism in China. A completive, open, transparent administrative system of government may rise the rate of using public fund and promote government administration and public service in good faith and clean .In the view of administration to study and standard the act of government procurement, control the power of government. Meanwhile, we give the government procurement an analysis on the meaning of administration law from general theory of government procurement .Act of government procurement constituted with administrative auxiliary act for realizing the need of public affairs and administrative private act for realizing the public interests. However, the nature of government procurement showed private law can't be determined its, which is regulated by public law. In China, we regard government procurement contract as a mixed public contract, so that we can standard the use of right of discretion and prevent public power from invading private law. There are legal, open, impartial, priorities of public interest, good faith principles in the government procurement. They make it different from civil procurement and general administration procurement .It is a special admuiistration procedure, which includes general right and obligation of party extending the basic human right of citizen properly. There are corresponding system to polar in government procurement issues on government procurement is administrative settlement mechanism .It is the remedy way of government procurement of party, from query, administrative review, administrative litigation. We should borrow and absorb the theory and legislation experiences of developed nations and regions. Finally, It is urgent to establish the administration remedy mechanism of China according to conditions of our nation.