On Government Procurement Law Relief Mechanisms

Since the government procurement pilot project launched in Shanghai in 1996, government procurement scale is widening in China. Along with the rapid development of the government procurement system, great attention has been paid to the protection of the rights and interests of providers. A significant research subject which faced to perfect the current government procurement system is to set up a remedial system to suppliers and protect their rights. However, although China has been issuing a series of laws and regulations of the government procurement, especially the government procurement law in 2002 has set up the system of protests and complains to solve the disputes, and provides that the contracts controversy of government procurement relief is under the Contract Law, the system design and legal provisions is imperfect, so the relief mechanism is not clear yet. The providers treated unfairly can't find the effective way to litigation. This phenomenon is detrimental to the enthusiasm of the providers, and harmful to the development of the government procurement. So we have to draw on the experience of the advanced legislation, to establish a consummate relief system, in order to protect the rights of the providers and the effective implementation of the government procurement.Besides Introduction and the Concluding Remarks, the content of this thesis can be divided into there chapters. Chapter 1 explores the basic theories. It introduces the conception and the range of the adjustment, analyses the theoretical basis and realities demand, and classify the dispute of the government procurement into two parts: the contract award dispute and the contract dispute.on the basis of the division in Chapter 1, Chapter 2 explores the administrative relief of the contract award dispute in the ways of Complaints , administrative review and administrative proceedings;...