On The Perfection Of The Procedure Of Government Procurement

Capital, in order to arrange the daily state affairs or offer service to the general public, purchases merchandise, projects or service in a definite, prescriptive manner and procedure. In an internal view, government procurement procedure refers to the process and form which the act of procurement adopted the main body of government procurement should conform to or implement, lawful both in time and space. It is the legitimate manner and necessary condition for realizing the goal of procuremnt of the government. In an external view, government procurement procedure involves questioning and complaining procedure and its judicial review procedure. Government procurement procedure bears certain functional values, including the right of abuse of discretion prevention, the using effectiveness of procurenment capital, the function of public policy, the protection of the party's legitimate rights and interests and the valuable goal of pursuing the procedure justice.The basic system of legal government procurement procedure systems and institutions is mainly reflected the procedural contents stated in Government Procurement Law and its enforcement regulation(exposure draft), The Law on Public Bidding and its enforcemnt regulation(exposure draft). This artical, through the angle of comparison method, analyses several defects of the current legal government procurement procedure systems and institutions : procedure still remains as regulations instead of as conceptions , the procedural law are dispersed rather than united and the clauses are abstract, not concrete and detailed enough. These defects might influence the realization of functions and values of legal government procurement procedure systems and institutions.This article targets against the imperfection of legal government procurement procedure systems and institutions in our country. It learns from the features of legal conception of GPA agreement, EU's experience of its command on detailing the concrete regulations and the advantage of America's unified procedural law. Based on other's experience, this article proposes concrete measures to perfect the legal government procurement procedure systems and institutions in our country :establishing conception of procedural law ; realizing the unity of legal procedure systems and institutions ; making the procedure regulations more concrete ; strengthing the supervision of government procurement procedure.