The Research On Legal Matter Of Chinese Government Procurement Contract

Government Procurement is a transparent and fair way of business activities, which is the formation of a comprehensive system of rules and operational procedures in developed countries and international organizations. But the theoretical study and practice of the government procurement system in China has a short time. "Government Procurement Law" in China promulgated by Chinese government procurement onto the rule of law, standardization of the road. Government procurement contract is the government procurement system in one of the most important issue.This thesis is divided into five sections, which makes a further analysis of the legal aspects of the government procurement contracts.The first part of this thesis is the basic theory of the government procurement contracts, which includes the concept of government procurement contracts to define the nature of government procurement contracts on an analysis of government procurement contracts, as well as the characteristics of the underlying issues. In particular the nature of government procurement contracts issue has been debating the topic of Law. Government procurement contracts on the nature of a civil contract, said that the administrative law of contracts, commercial contracts and mixing of the contract said that and so on, but I believe that government procurement contracts should be an administrative contract. This article from the main government procurement contracts, government procurement contracts and government procurement contracts purpose of the main benefits enjoyed by the Chief of excellent on the nature of government procurement contracts analyzed.The second part is the analysis of the government procurement contracts in foreign countries in terms of the foreign government procurement system. This part is a comparison of the countries that have a mature government procurement system in foreign countries, which includes the United States, the European Union and South Korea. The United States is the world's earlier system of government procurement contracts one of the countries, government procurement system is relatively complete country. The United States government procurement system is built on integrity, and strict government procurement and a complete legal system based on government procurement of organs. Government procurement agencies which include the three bodies, regulatory agencies procurement, procurement implementing agencies and the procurement of relief agencies. EU member states, including the civil law of Germany and France, Anglo-American legal systems of Britain and other major capitalist countries, however, due to the civil law and common law in the division of public and private law there are essentially different, so the EU public procurement law analysis is very necessary. These include the EU's public procurement legal system and the European Union, the development of public procurement analysis.The third part of this thesis talks about the legal matters that exist in the government procurement contracts in China, which including the government procurement contracts the main body of the chaos, government procurement contracts supervision procedures are not standardized and the government procurement contracts relief procedures are not a sound problem. Government procurement contracts main confusion include: government agencies legal personality problems, clear delineation of functions and institutions, social organizations and the nature of state-owned enterprises controversial issues such as independence. The supervision of government procurement contracts in non-standard procedures include: Supplier qualification audit lack of effective monitoring procedures and the specific evaluation, calibration procedures for the lack of effective monitoring procedures focusing on the lack of effective monitoring of procurement procedures and the implementation of government procurement contracts procedures lack of effective supervision procedures. Government procurement contracts relief mechanisms include: Relief procedures related to the applicability of poor relief mechanism in the absence of reconsideration organs, there is no established to fulfill the contract dispute settlement mechanism and the lack of public interest litigation process.The forth part analyzes the reasons why the government procurement contracts have so many problems. In this part, there are three problems under discussion: firstly, the right to government procurement of the main division of the procurement is not clear; secondly, government procurement contracts lack of oversight procedures; and finally, government procurement contracts relief mechanism missing. Government procurement which has the right to purchase the main division is not clear again on the four aspects, namely, the main administrative division of authority is not clear, the functions of the complexity of institutions, social organizations, governmental organizations and the relationship between the complex and state-owned enterprises complex relationship with the Government. With regard to government procurement contracts lack of oversight procedures focuses on two aspects of the issue, including the legal deficiencies in the design to make government procurement contracts entered into before the lack of oversight procedures, legislative conflict government procurement contracts lack of oversight procedures. Government procurement contracts in the relief mechanism analysis of deficiencies in four areas, including the proceedings set unreasonable, too general lack of specific legislation, the legislature so that the parties can not choose the conflict relief procedures, legislative gaps that lead to lack of public protection.The last part of the thesis is the solutions to improve government procurement contracts in China. This part of China's government procurement contracts to improve measures include: standardizing China's main government procurement contracts, the establishment of a comprehensive government procurement contracts supervision procedures and perfecting China's government procurement contracts of the relief system. In standardizing China's government procurement contracts, mainly from the main body of the theory and practical application of the two aspects to improve. In the establishment of a comprehensive government procurement contracts part of monitoring procedures author from government procurement contracts entered into prior to the supervision and government procurement contracts in the performance of the process of monitoring procedures to improve the two made their views. Finally, in perfecting China's government procurement contracts part of the relief system in the aspects of the author from his own point of view, that is clear from the legislation at different stages of the government procurement contract dispute litigation applies to change the case of government procurement contracts applicable rules of proceedings, the introduction of public interest litigation relief system.Summing up, the study of government procurement contracts for government procurement system with the basic meaning of, but government procurement contracts is a study of the nature of government procurement contracts as a basis pre-theoretical issues. On the nature of government procurement contracts that can be solved, government procurement contracts apply to the supervision of the procedures, government procurement contracts and other legal proceedings applies to practical problems. At the same time, in theory, improve the administrative law's basic theory.