Font Size: a A A

Study On The Third-party Relief System In Government Procurement

Posted on:2004-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y YaoFull Text:PDF
GTID:2156360122467279Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the rapid development of the government procurement system in China, great attention has been paid to the protection of the rights and interests of providers, who participate in bidding procedure but not get the contract by agency's illegal activities or have rights but not allowed to take part in the government procurement procedure. A significant research subject faced to perfect the current government procurement system is to set up a third-party relief system in government procurement, which can provide effective protection for actual and prospective providers.The third-party relief system in government procurement plays an important role in protecting the providers who participate in the procurement activities, increasing the credibility of government procurement system, encouraging the suppliers' active participation in government procurement, promoting the supervision motivation of providers to government procurement, increasing the compliance of agency's activities, and ensuring the effective implementation of government procurement system.Although the current government procurement law of this country has specially set up the system of protests and complains to solve the disputes in government procurement, the related regulations are still needed to be completed and the study on this field is not sufficient. So it seems very important and urgent to make a deep study on the theories of the third-party relief system.Firstly, the thesis gives the definition and research scale of third-party and third-party relief system, specifies the role and meaning of the third-party relief system in government procurement and indicates that the economic importance and the public interest privilege have distinguished the government procurement from ordinary civil activities, that makes ordinary civil dispute-solving mechanism cannot provide sufficient protections for the third parties. Thus it is necessary to establish a special right relief system in government procurement. Then on the basis of the study on the current government procurement regulations of international organizations anddeveloped countries, the thesis discusses the theories of the third-party relief system in government procurement (standing requirements, cause of protest and burden of proof, remedy process and measures) in detail by applying different research methods, such as normative analysis method, comparative research method and value analysis method.The thesis develops the understanding and cognition of the third-party relief system in government procurement deeply and widely. Through the systematical analysis of the third-party relief system in government procurement, the thesis makes beneficial suggestions on making up the shortage existing in current system of our country. This thesis is an attempt to work for the current government procurement in our country; it intends to be useful for promoting the development of the system both in theory and in practice.
Keywords/Search Tags:government procurement, third-party, relief of right, the third-party relief system
PDF Full Text Request
Related items