The Analysis Of Lawsuit Relief System Of Government Procurement Contract

Since the 1990 's the finance and taxation reforms, china had the modern significance government procurement system. After the rapid development of recent years, the government procurement has become an effective method to strengthen the expenditure management, to extend the expenditure surveillance function, to standardize government expense behavior, and to suppress the corrupt from source under the market economy condition. But government procurement is formed through a contractual relationship between the government and the suppliers. It is, therefore, imperative to improve its relief system because many disputes will appear in the course of awarding and fulfilling in the government procurement contract. At present, there are mainly two kinds of relief systems: non-litigation and litigation. Among them, non-litigation relief system, because of the incomparable advantages in the litigation relief system, such as low cost and high efficiency, should become the first choice to settle up after the government contract disputed. Therefore, non-litigation relief system of government procurement in all countries occupies a very important position and it has become the focus of the scholar's study. But we should also realize that litigation relief system ,as the fairest,the most authoritative,the ultimate relief way, still holds an unshakable position in the relief systems of government procurement contracts. When through the other ways could not make the relief, the litigant put forward suitable judiciary as the final way to seek relief.At present, China has successively promulgated a series of government procurement laws and regulations, especially the "government procurement law" in 2003. But because of the lack of system design and legislation, litigation relief system isn't unimpeded. In order to maximize the functions of government procurement contracts, we should learn from the advanced experience of other countries and regions and establish a pertinent government procurement contracts relief system. In this thesis, five aspects are list as following:In the first part, it is the summary of the current of the government procurement contracts litigation relief system. According to the process of gathering information to study the subject of the current study abroad; the writer gives a brief illustration of the focus and innovation.In the second part, the author sorts up a basic theory of government procurement contracts litigation relief. It defines the meaning and scope of adjustment of the government procurement contracts litigation relief system, and confirms the disputes in the stage of awarding and fulfilling of the government procurement contract can be resolved. And the basic theories of litigation relief system in government procurement contracts, which is authority restriction theory,civil litigation protection theory and the principle of final judicial relief, are also proved.In the third part, it describes the current government procurement contracts litigation relief. Through the inspection of the current government procurement contracts in legislation and practice, it proposes that the shortage in the legislation and the concrete system design aspect of China's government procurement contracts, and reflects the main causes: the chaos in legislation is mainly caused by bias of the character definition of the government procurement contract. It also gives a brief analysis and indicates two sides both civilization and government for it, so it should establish the pertinence litigation relief system. In the forth part, it gives the brief introduce about the related rules of litigation relief system in the WTO and the European Economic Community. Subsequently it inspects the government procurement contract relief system of the partial countries with Anglo-America legal system and the continent legal system, and carries on the summary of its common character, then points the spot, which we can use for reference when it improves our country's government procurement contract lawsuit relief system.In the fifth part, based on analysis of our country government procurement contract lawsuit relief system present situation and the comparative investigation of two jurisprudence countries and regions, the author puts toward some ideas to improve it. Justice, efficient, effective principles, should be followed. According to the typed of disputes of the characteristics of government procurement contracts, and in view of the inadequacies of the current proceedings relief, the author think that it should be improved from the following three aspects: the first, to define every suitable method applied to different case; the second, a pertinent design for concrete regulation; the last, to establish taxpayers litigation system for protection publish interest under the current litigation system-...