Study On The Supplier Relief System In Government Procurement

Government Procurement as an important means for the countries in the world to manage social and economic life has had significant developments in our country in recent years due to its obvious economic and social benefits. With the gradually opening up of domestic and foreign government procurement markets, the growing of the scope and scale of government procurement, there are abound non-standard practice of government procurement practices, the phenomenon of being against the rights of suppliers is growing. Establishing a provider right relief in government procurement system, providing an effective way for the suppliers who "have or had" interest relationship and have been subject to the adverse effects of the anti-law purchase behaviors to seek relief, it has become an important research topic to perfect the system of government procurement in China.As the special nature of government procurement, the main purpose of the government procurement law is to standardize government procurement practices, to ensure fairness in the marketplace, improve efficient use of public funds and to achieve the goal of reforming of government macro-policy. The realization of the purpose of the Government Procurement Law eventually needs to be protected by Government Procurement System. Therefore, to provide effective relief ways to the suppliers whose right were violated in the area of government procurement of great significance of achieving all the objectives of the Government Procurement Law. The administrative and civil nature of the government procurement causes the differences between the public and private law remedies in the government procurement relief system, In practice no single relief pattern can offer suppliers effective relief. Government procurement is divided into government procurement contracts awarded to the contract full filled, in government procurement relief,in accordance with the "separable behavior theory, "that is the procurement contract and the procurement action are separated, the contract rewarded period is applicable to public law relief and the contract fulfilled period is applicable to civil law and private law remedies of contract law. For fair and orderly competition in the relief operations and pursuit of value, it decides when the Government Procurement System is designed, it is primarily for the stage of government procurement contract awarded. This relief pattern design is not only consistent with international rules, but also is more conducive to protecting the legal rights of the suppliers. This article is also to state the relief system for the rights of the supplies in the phase of the contract awarded in the Government ProcurementChapter VI in'The Government Procurement Law, is devoted to the questions and complaints, creating an administrative relief system for China's government procurement contracts awarded; before, "Bidding Law" and some local regulations also made some appropriate requirements for the government procurement system. Providing the ways for the suppliers to relief their rights and it has achieved some results. However, there are still a lot of shortages in China's government relief procurement system, mainly in systemic deficiencies and defects in specific system, but also the academic are lack of deepen theoretical study in this aspect. Therefore, deep studying of the theory of the relief of the suppliers'rights in government procurement and the establishment a perfect system of government procurement of relief becomes the most necessary and urgent.This thesis uses case study method, analyzing the cases which violates the suppliers'rights in government procurement for the entry point, triggering the thinking of the present status of the relief system of supplier rights relief system and the necessarily to sound the system to relief rights of the supplier; followed on some discussion on some of the basic theory of Government Procurement System, clearing the concept, adjustment, range and exceptions in the Government Procurement System in China to reveal the basic theoretical framework of Government Procurement System and take this as the foundation and driving force of studying, sounding of the Government Procurement Relief System. On this basis, it states the ways to relief the rights of the supplier in government procurement and the choice of the model of the relief system, and the value pursue of the Government Procurement System decides when the model is designed in government procurement, it will mainly concentrate on contracts awarded stage. It is necessary to establish an unique set of rights relief mechanism; and then make comparative analysis of the relevant legal provisions of international economic organizations and developed countries (regions) in their procurement relief system, to provide relevant reference to improve the system for our country Finally, linking the theory is practice, drawing on the legislative experience of international economic organizations and developed countries,, using standard analysis methods, comparative analysis of horizontal and value analysis and other research methods, analysis of the relief system of China's government procurement practices, and system construction as well as their defects and problems, to propose feasibility proposals to improve our government procurement relief system.