The Nature And Legal Application Of Government Procurement Contracts

Government procurement contract is a special contract form, its legal nature the focus of debate in legislation and theatrical world. Government procurement contract has more civil contract in form, but in essence it still belongs to administrative contract. This paper places main coverage over the comparison between civil contract and administrative contract, and draw the conclusion that Government procurement contract is administrative contract therefrom. On the basis of such conclusion, some issues have been elicited to clarify applicable law of Government procurement contract. Some beneficial researches have been conducted on how to amplify administrative contract system, including Government procurement contract law through the analysis of Clause 43 of Government Procurement Law.