The Way Of Judicial Relief System Of Chinese Government Procurement Contract

The government procurement system is one kind of financial control system in the market- economy country.The government procurement system's implementation can bring enormous economic and the social efficiency.Our country has positively established the government procurement system in the 1990's.However,because our government procurement system is at the outset stage,the related system is not still perfect;the related legislation waits for consummation.The government procurement in fact is the government completes the administrative goal or the management goal method using the commercial mechanism.Under market economy conditions,government can only determine both sides rights and obligations relations with market business main body between transaction through the contract way.As the matter of fact,the government procurement is a government procurement contract working out with the fulfillment process,the contract has the core and the pivotal role in the government procurement,and therefore we can say that the government procurement law was mainly the government procurement law of contract.The law is also precisely launches to the government procurement system's attention take the government procurement contract as the center,but about the government procurement contract legal nature's localization,no doubt has the decisive forerunner significance suitably to the entire government procurement contract system's construction and the basic legal rules.The nature of government procurement contract is decided directly how to carry on the legal relief to the litigant.Regarding the government procurement contract's nature question theorists always lock horns,the main existence civil contract said that the administrative contract mediated the mixed contracts to say three kinds of positions;the mixed contracts said the comprehensive reflection purchase contract the characteristic.The purchase contract has both meets the private nature and the administrative characteristic,which causes regarding this kind of contract initiation dispute's solution mechanism,regardless in the judicial practice must choose the new angle of view theoretically,rather than limits in the existing theory and the system frame.The private nature and the administrative characteristic make the shift in procurement contracts showing a different color,when the administrative characteristic increasing and private nature decreasing,the procurement contracts will be infinitely close to a civil contract types;on the contrary,it would be more characteristic of a administrative contract.For more of the characteristics of a desired type of procurement contracts which use the existing avenues of relief can be well resolved,but regarding involved in the public law factor procurement contracts is more inclined to the type of the administrative proceedings through special channels to be relief.The feature of weak authority has decided that traditional lawsuit which establishes on the base of the undirectivity and compulsory cannot solve this kind of dispute well,a more practical manner is carries on the conformity and restructuring to the administrative proceedings system.That is in the original undirectivity structure's administrative proceedings system frame is suitable specially for the solution bilateral act dispute's bi-directional capability structure lawsuit structure,reflected that in the concrete system and in the rule construction is in the administrative proceedings stipulated special rules,including examination standard, examination scope,examination basis,lawsuit structure etc.After the reorganization of administrative litigation ways will be better to protect the legitimate rights and interests, be better to safeguard the public interest and social benefits.