The Research On The Legal Problems Of Government Procurement Supervision

Government procurement is a wide-used and effective method of public payout management in marketing economic countries, which plays a significant role in saving funds, increasing capital efficiency, preventing corruption from the start, standardizing the order of the market economy and national macro control. Many foreign scholars have done many-sided researches on the problems in government procurement supervision. These researches have formed a comparatively perfect theoretical system of government procurement supervision, which contains Principal-agent Theory, Public Choice Theory, Efficiency Principle Theory, and Fair Competition Theory and so on. These theories adequately reveal the necessity of government procurement supervision and explain the goals government procurement supervision wants to achieve. Government procurement appeared early in other countries and areas. After over 200 years of rapid development, they have already established a comparatively perfect government procurement supervision system. There must be an important reference for our country.In our country, the practice of governmental procurement has been carried out more than ten years and got great achievements. However, along with the expansion of scale and extension of domestic governmental procurement, some serious problems, which directly holdback healthy development of government procurement works, gradually emerge, such as waste and corruption. An important reason for these problems is lack of perfect supervision mechanism of government procurement, which is mainly reflected in the relevant laws of non-convergence, the narrow scope of supervision, lack of mechanism of mutual restraint, the flawed procedures in supervision and the low level of supervisory personnel. According to the existing problems of government procurement supervision in our country and referring to the advanced experience in other countries and areas, we should improve our supervision mechanisms of government procurement from the following 4 aspects: First of all, it is necessary to establish a unified and perfect legal system of government procurement supervision so as to resolve the inter-conflict of laws and regulations; Secondly, we should improve internal supervision mechanisms in government procurement, including planning system, budgeting system, regular reporting and checking system, supervision system on centralized purchasing agencies, payment system, fixed procurement system in decentralized procurement, performance appraisal system; thirdly, we also should improve external supervision mechanisms in government procurement, including strengthening the supervision of the National People's Congress and other departments, improving the queering and complaining system, perfecting the system of public information and establishing public interest litigation system; Finally, to ensure the effect, we should improve the quality of supervisory staff in government procurement department.