A Study Of Conflicts And Joints About "Inviting Tenders And Submitting Tenders Law" And "Government Procurement Law"

Our country's present situation is that "Inviting Tenders and Submitting Tenders Law" and."Government procurement Law" are taking with the equipotential line step in government procurement legal system's constituent. The conflict brings puzzled to the practical realm. In the article writing I took the legal norm to comparative analysis method as a foundation, and paid attention to the utilization of legislation background about the history method and the benefits consideration method of economics on the analysis to its conflict's origins and abutting joints.For to compare two laws clearly, at first this article has induced its legislative objective in the introduction, we may see the two norms to have slightly difference on functional localization; The legal conflict's general theory has been introduced first in the main text and the author has introduced "the first document of the Chinese Government purchasing" to draw out two legal conflict questions. Based on this, the author has analyzed the main performance about the two legal conflicts from six aspects: suitable of the main body scope, the adjustment object scope, the conflict by dispersion tender and the central buying, the waste sign power, the calibration standard, conflict of the legal supervising organization. Then, the author has refined its negative influence, also from the legislative background, the legislative technology, the legislative value, the three dimensions the author has discussed its conflict origin. Introduced government procurement legal system's related stipulation of the international organizations firstly in the third part, when seeking melts of the two legal conflicts to make the reference; Afterward the author has analyzed the insufficiency of Inviting Tenders and Submitting Tenders Law " dialectically, and proposed the suggestion of consummating "Government procurement Law", carried on the choices with the later word to echo; Finally, introduced the current domestic related legislation's new tendency, pointed out legislates separately enthusiasm to a certain extent and the operation no thoroughly, at the same time, carried on the exploration to the government procurement legal system on other docking way, unifying the inviting tenders and submitting tenders system to "Government procurement Law", simultaneously abolishing the " Inviting Tenders and Submitting Tenders Law ".