Discussion About A Number Of Issues Of The Government Procurement Law From The Case Of "Baihui Landscape"

This article is an analysis on the case of "baihui landscape". The case focused on the rules of dispute settlement and legislative control and the legal character of government procurement and the applying of the basic legal rules. Furthermore, the government procurement contract's legal character belongs to civil law or administrative law is the key point in this case. Determining government procurement contract's legal character undoubtedly plays a decisive part in applying the basic legal rules.Contemporary governmental procurement is the action that government office or institution organization which exerting governmental power acquires supplies projects and services from suppliers independent of government organizations by trade-mechanism. This transaction can be fulfilled through contracts in market economic environment. The governmental procurement is the process of signature and fulfillment of government procurement contract, while these contracts are deemed to be kernel or hinge during government procurement process, therefore The Government Purchase Law is mostly The Government Purchase Contract Law. Governmental procurement contract is taken as heart in the study of governmental procurement system. Determining government procurement contract's legal character undoubtedly plays a decisive part in applying the basic legal rules. After repetitive argument the government purchase law of our country determines the government purchase contract as civil contract and should apply contract law. Although many people think the choice has to be made under the circumstance that since the theory of administrative law is immature, administrative contract isn't be contained in the administrative litigation system while contract law is mature. Although the government purchase contract apply contract law has taken much problems, but the writer don't think it defect the civil law essence of the government purchase contract.The writer analyze the origin of the case in this article and proposed some suggestions to perfect The Government Purchase Law. The Government Purchase Law standardizes the fulfillment of public power by contract. Judicial review is needed in modern legalism. Judicial review's supervise can prevent administrative institution avoiding law by signature contract as well as Judicial review can strengthen supervise on administrative institution's might and can protect the supplier's legitimate rights and interest.