Analysis Of The Legal System Of Government Procurement

Government procurement is government procurement, in a market economy under the control of reasonable use of public funds expenditure of administrative power, a system. The government procurement laws to regulate the government procurement system is solid, purchasing, purchase, procurement policies and purchasing management and a series of laws and regulations. Because of the particularity of the main government procurement, procurement of administrative power by the possibility of damage, and therefore supplier interests for government procurement system steady development "government procurement law plays a pivotal role.The first part is introduced, and what is the government procurement legal system. Firstly, this article from the concept, characteristic content, the three aspects about. Second, the government procurement legal system is to regulate the government procurement entity, purchase, procurement policies and purchasing management of a series of legal norms. Thirdly, the government procurement is characteristic of certain legal support, the content of the program fairness. Fourth, the government procurement legal system. All of the history of the development of government procurement and have very big difference, has the value of the developed country is in long-term government procurement experience, through the comparison of legislation, development in our country government procurement needed nutrients. This is the perfect our country government procurement legislation and improve overall quality of our country government procurement is a good recipe, can shorten the country's global government procurement stage cycle. Theoretical sources is understanding question foundation, resolving conflicts, and the means of government purchasing system theory reflects in: rent-seeking theories, the new management theory, the theory of government intervention. To grasp the essence of the theory for the future direction of the legislative clear macro.The second part of this part, this is the core content. Major government procurement legal analysis, from the government procurement law and the government procurement purchase agreement, these two aspects. Firstly, the domestic government procurement legal problems. First to understand the content is the government procurement law, from the government procurement law of the subject, object, content to recognize these aspects. First, the government procurement law will subject are divided into two types: one is the supplier, supplier is universal. On the other hand, the person who is purchasing purchase has qualitative. This is qualitative, the government procurement of administrative power is government organs or state owned enterprises. The government procurement subject in some areas with uncertainty, because the law or policy with the change from the administrative organization, become the subject of social value, production and lost administrative features. The second The government procurement law is the object of the government in order to public goods and services to purchase and engineering, look to see the government procurement object has obvious specificity, its purpose in order to meet the needs of the public. Third, the government procurement contract is the main content of government purchasing the rights and obligations of the parties. Government, Purchasing contract is realizing the rights and obligations of the liquidation. The government procurement contract occupied a very important position, the realization of the two different subjects can stand on the same platform can negotiate and sign agreement to sex. Any form of government procurement will eventually have to realize the government procurement contract. Secondly, this paper analyses the existing legal system of government procurement is the problem. Disturb the government procurement of bidding process. Its disturbed the purchase order as the main body of market, who leads to corruption. Third, the supervision of the place. Mainly for authority, the judicial organ, the supervision of financial departments. Fourth, the imperfect legislation. From the supervision and management of the legal system, lack of legal liability maneuverability and set about unclear, etc. Secondly, the law of nature is about government purchasing agreement. The paper mainly are: first the government purchase agreement "non-discriminatory principle. The second is the exception principles apply discrimination. For more than two principles and analyzed, in order to better applies to the economic development of our country needs.The third part, the government procurement laws. Through the survey and analysis of above the government procurement, the paper found the government procurement legal system of legislation. From the above can see our country government procurement legal system is the core of government purchasing contract, but due to a variety of reasons the government procurement contract in reality didn't play its proper role, further perfecting the legislation has become an important view. First, to improve the legislation. Our country government procurement laws against one of the problems that appear to improve the situation. Then the whole department in the supervision of government procurement law plays a pivotal role, from the different aspects of the government procurement and perfecting the legislation is the key of improving. The government procurement system is the perfect legal considerations to improve.The government purchase agreement and general principles to strengthen the government procurement of internationalization, but from the reality in China must be flexible, corresponding to better protect our interests and the development of the industrial enterprises.