A Discussion On The System Of Suspension Of The Government Procurement In China

The system of suspension of the government procurement is a remedial system, which redress an end to the illegal activities and prevent the injury to the relative interest group through the interim measures before the contracts'making or fulfilling, which includes the measures to or make sure the suspension of the contracts'granting, or stop the makers'deciding. The system of suspension of the government procurement is a part of the system of remedy of the government procurement.For a long time, the problems about the necessity of the system of suspension of the government procurement, the conditions and how to apply and so on, are the central issues in the government procurement argument. The government procurement contract should apply to the contract law according to the government procurement law which becomes effective in 2003, which helps to solve the problem about which law should be applied to, the administrative law or the contract law. So, the system of suspension of the government procurement should apply the contract law. But because of the peculiarity, the government procurement cannot get out of the control of the administrative law. So, the concrete regulation of the system of suspension of the government procurement is still a problem, of which the defects are exposed through many cases. The theoretical research and legislation on the system of suspension of the government procurement in China need to be improved.This article consists of three parts: introduction, body and conclusion.The introduction tells about the topic-choosing background, significance, research synthesis and evaluation and also the methodology, innovation and limitations.Chapter One concludes the theoretical basis of the system of suspension of the government of procurement , including the balance of public interest and personal interests,the justice and efficiency,preventing the abuse of power, and the principle of the government of procurement , trying to find the legislative idea and aim to establish the value of the system.Chapter Two includes the problems of the system of suspension of the government of procurement in our country through the introduction of the legislative and practice status quo. The author includes the main problems, such as the suspension modes,scope,time,the authorities,information openness and so on.Chapter Three makes proposals according to the problems mentioned above. The author suggests guarantee should be used in the base of the combination of imperative suspension and applying suspension; the system should be used before or in the contract, also in the administrative and judicial stage; the suspension period should be flexible; a independent and fair authorities should be established; and also the openness of the suspension information.The conclusion makes summary for the text.