On Government Procurement, Supplier's Right To Relief

As the rapid development of Chinese government procurement system,more and more attention has been paid to the protection of the rights andinterest of suppliers. In government procurement, supplier is a principal part,which also constitutes the competitor of the contract. Whether the grant of theprocuring contract is equal, whether the contracting procedure is legal, andwhether the condition of the contract is fair are all directly related to the coreinterest of the suppliers. For this reason, how to provide an effectiveprotection for the suppliers, whose rights were hurt in the process ofgovernment procurement, is a significant research subject at present in orderto perfect our government procurement system.This thesis first briefly introduces the concept of the governmentprocurement and its characteristics. Based on these characteristics itadvances the necessities of setting up the supplier's right remedial legislation.Second, in the aspects of the origin of the supplier's right remedial legislation,the definition of the system, the definition of the supplier, the prime objectiveof the system setting and the specific right and its remedy which are includedin this system, the article has made a comprehensively theoretical study.Thirdly, through the introduction and analysis of the government procurementsupplier's rights remedial legislation in US, EU, Japan, Taiwan and WTO, thisarticle tries to give some references on our country's related systemadjustment. Finally, on the basis of former theoretical analysis and theresearch of the regulation in different countries of the world, this thesis deeplyanalyses China's current existed the government procurement supplier'srights remedial legislation, regarding that there are some unreasonablearrangement in the aspects of the process design in the challenge, complain,administrative review and administrative appealing, the relation betweenadministrative review and administrative appealing, and the setting of thegovernment remedial system. Considering these shortages, the writermakes his own suggestions, which are complementing the organization,scope and principle of protest, expanding the scope of the judicial review,defining the administrative review department, granting the supplier the rightof asking for temporary remedial measure and so on.Generally speaking, the writer thinks that in the governmentprocurement we should pay special attention to the guarantee of suppliers'right, enhance the supervision of the government procurement action;only inthat case we can maintain the principle of disclosure, equity and fairness ingovernment procurement system. The government procurement supplier'srights remedial legislation not just guards the rights of supplier. Moreimportantly through encouraging the rights-guarding action of the suppliers, itcan ensure the realization of the government procurement purpose and therealization of public interest.