Legal Regulation Of Rent-seeking Behavior

Rent-seeking theory is a hot topic in west economic circles since the middle of the 20th century, and it's also one of the most challenging areas in today's economic circles. Rent-seeking behavior is the widespread phenomenon in the market economy countries and transition countries. Government procurement system is a new thing in China, it's not perfect both in theory and practice. How to regulate government procurement system, how to eliminate rent-setting behavior and rent-seeking behavior in a fair, just and open principles, and establish a suitable government procurement system for national conditions of China, is a major issues of our government procurement's development in currently. Rent-seeking behavior is the redistribution of the vested interests of unproductive activities, it will lead to a waste of social resources, inhibit fair competition and hinder innovation system and even cause unhealthy social atmosphere and a series of adverse consequences. More important, government procurement is an important way to strengthen national financial expenditure management, strengthen the country's macro-control capacity, promote the government consumption behavior and leave it to market forces. Furthermore, government procurement is different from ordinary private procurement, which is related to public services, issues of political security and economic security, if we do not carry out effective management and supervision measures, the public spending will cause more serious waste and create opportunity for rent-seeking. Therefore, it has great theoretical and practical significance in-depth analysis the issue of rent-seeking in government procurement and seeks for the legal regulation of rent-seeking behavior. In this paper, I mainly use the comparative studies, data analysis, case analysis and field survey methods, and this paper is divided into four chapter, which have a comprehensive, systematic and in-depth analysis on rent-seeking's legal regulations. This paper starts with the basic concept of rent-seeking, inspected the rent-seeking theory in economics, defined the rent-seeking behavior of government procurement, and has a comparative analysis on rent-seeking and interest-seeking, and corruption, and laid a good theory foundation for later chapters. The paper continues to analysis the concrete manifestation of rent-seeking behavior of China's government procurement and it's danger. In the third part, the article discourses the status and problems that exist in legal regulation of rent-seeking behavior of China's government procurement. Specifically, this part discourses the problems from the issues of co-exist of "Tendering Law" and the "Government Procurement Law", dysfunctional of bidding mechanism, the problems of demystify the information of government procurement, as well as the shortcomings of supervision mechanism and inadequate relief system. Point to these problems, the fourth part of the article raise legal measures one by one, such as proper handling the relationship of the "Government Procurement Law" and "Tendering Law", and improve legislation and supervision mechanism, to be more open in giving out the information of public procurement, and improve the supplier's Query system, and to establish a Public Interest Litigation of government procurement system and other aspects, which raised the countermeasures of carry out the legal regulations on Rent-seeking behavior in government procurement. This paper has widening the understanding and awareness of the government procurement rent-seeking behavior both from breadth and depth. This paper is made under the status quo of China's government procurement, and hope to contribute strength to improve China's government procurement system.