On Administrative Legal Regulation Of The Purchase Of Public Engineering

In recent years, inferior public works purchased by government has brought about great loss in our country and had bad impact on our people. Considering international experience, domestic practices, the functions of government procurement and maintaining public interests, it's necessary and practicable to add public works to the field of government procurement.To solve these issues, the fundamental measures are to enforce law rigidly, and to strengthen administrative law regulation as well as to perfect the legal systems of public project procurement.How to strengthen administrative law regulation on public works procurement?A. Regulating the preparation stage of procurement on public works.Firstly the system of hearing should be set up. Secondly, the system of inviting and submitting tenders must be obeyed strictly. Thirdly, the system of administrative permission must be enforced rigidly, such as qualification administration, year's examination, construction permission.B. Regulating the construction stage of procurement on public works.Seven systems can be set up, such as setting up the system of restriction of subletting a project and prohibition of transferring a project, building the system of procurement on building materials, applying the system of supervision over construction projects, enforcing the system of quality control, setting up the system of integrity contract and investigation for administrative liability, and implementing the system of inspection of completed projects.C. Regulating the stage of administration on public works.That how to administer and use the public structure is government's responsibility after the public works contract is fulfilled. In order to improve the economic and social efficiency, government should keep the public structure very well. It is important measures to strengthen the administration and to reform the style of operation on public projects.How to perfect the legal system of procurement on public works? Several proposals will be considered.A. Setting up perfect legal system for public works procurement. This measure mainly includes the overall grasp of the legislation principle and the perfection of regulation system for government public works procurement.B. Improving the regulation mechanism for administrative monopoly in public works procurement. Five measurement are proposed through the analysis of administrative monopoly in public works procurementC. Amending national compensation relief mechanism for public works procurement. Undertaking the compensation responsibility by the country can help to protect the relative person's legal rights and interests; therefore it is required to consummate and amend the current state compensation law.