On The Legal Issues Of The Public Lawsuit About The Government Purchasing

The government purchasing system is the product of the development of the modern market economy and one of the important ways in which the government intervenes the national economic activities by widely using economic and legal means to compensate for the imperfection of the market radically. It is because the government enjoys the speciality of its identity that produces the complexity of its social relationship. The government purchasing relationship shows its variety-the pure public-legal administrative relationship, the pure private-legal civil relationship and economic relationship based on economic law with both public and private characteristics. The type and theory of the present lawsuit are not able to meet its demands. Therefore, apart from the necessity of the scientifically-applied present lawsuit procedure to resolve the dispute based on the administrative or civil relationships, above all, it is necessary to establish a new pubic lawsuit system of government purchasing to protect the social public interests showed in the government purchasing activities and compensate for the deficiency of the present lawsuit system, which is a developing trend of lawsuit in most countries. In this article, the legal issues about the public lawsuit of government purchasing has been systematically, thoroughly and deeply analysed by dividing it into four parts and from the perspective of the combination of economic and action laws, i. e. entity law and procedure law in combination with the public property of the government purchasing action. Starting with the study of basic characteristic and nature of the government purchasing, contrasting with civil law and administrative law, the economic property of government purchasing is mainly revealed in the field of economic law, which is reflecting the traits of variety in social relationship adjusted in the process of the government purchasing. The government purchasing does not completely identify with the purchasing primarily based on the civil affairs and the general administrative action, at the same time enjoying the public-and-private properties of economic law. Considering the present conditions under which the market economy system in our country is not perfect, the irregular government purchasing actions and the greater intervention of the governmental administrative power, actions exist in the government purchasing activities which violate the interests of the nation and the public. And the current action law in our country, esp. civil action law and administrative action law, is limited, which causes lawless actions in the process of probing into the government purchasing and forms the corresponding judicial dead areas. Economic law has the concept of the special properties of the public-private law and social departmentalism, which causes the adaptation of law and the resolution to the disputes involved into lawsuit field and shows strong public characteristic, deciding the corresponding lawsuit shape will inevitably possess its value aim at the dual protection of the interests of the public and the victims, and the features of the procedural regularization should meet and represent the particular demands for the public relief. Under the precondition we assume it is necessary to establish a new lawsuit system, i. e. the public lawsuit system of the government purchasing, to set up a new lawsuit idea and to renew lawsuit principle and pattern. We should design the realizable system of the public lawsuit of the government purchasing in lawsuit body, lawsuit control, responsibility for giving evidence, lawsuit cost and stimulating and restrictive system, etc.