The Protection Of The Rights Of Suppliers In Government Procurement Mechanism

The guarantee of supplier right is one of the important contents which the government buys law system, it not only relates to a government to buy a market of steady have preface and positive development and pass the reasonable usage of state-owned property with protect a value to increase in value, because government purchase usage of the purchase funds belong to a state-owned property.Although the our country promulgated to carry out in 2003 The government purchase method, made to the guarantee of right of supplier initial of provision, still exist many problems, make the right guarantee of supplier's mechanism isn't perfect. The writer makes use of the method of norm research in this text, doing to lead a sub-point to analyze the attribute of supplier right by case and possessing of right contents, buy person and the law of the of the law position and twos of supplier to relate to, according to existing supplier right guarantee in the actual problem for appearing and lawmaking experience of the abroad, to built up an overall supplier right's guarantee's mechanism to put forward own lawmaking suggestion.The full text is totally divided into a four-part. The first part make use of the method of case research, putting forward currently the guarantee mechanism of the supplier right the most worthy of two problems for paying attention to: first, whether supplier own the save path of civil case in court or not; second, whether supplier can bring up administration litigation directly or not. The writer puts forward understanding from the analysis of the typical model case the directive suggestion of[with] two above-mentioned problems definitely. The writer closes from the guaranteeing of supplier right later on government purchase market of healthy development, state-owned property of protection and society fair carried out three angles to discuss perfect supplier right a guarantee the necessity of mechanism namely meaning place.The second part mainly discussed the law position of both parties of the government purchase corpus and the property of its law relation. This is also the source place of perfect guarantee mechanism of the supplier right. The writer joins the government the special of mansion purchase to start starting to talk about first, relating the special sex source of the government purchase activity the special of the body in the government purchase guest. The guest body of government purchase is a state-owned property, purchase the person participate the identity that the government purchase activity owned representative in the national treasury thus because of using a state-owned property. The government purchase activity is the civil case that the equal market trades of corpus to trade behavior, the supplier is one square party concerned but own a civil case corpus identity. The supplier still owns the social member of citizen right. Of twos equal market trade law relation because of pass public benefits but settle sex is in Mr. private mixture type law relation up. The third part discussed supplier and should possess of basic right and it right attribute. The government purchase method medium ruled a government a purchase an activity should follow fair, fair, publicly three basic principles, and make sure supplier from here to should possess to know what happened power and fair competition power. Knowing what happened power and fair competition power is the right of the male and private mixture types, not only because it since is the property right and Human body right but have a private right attribute, return to own a civic rights benefit characteristic because it is a legal rights with aggressive sex right.Four-part cent mainly combine present condition and its blemish of the guarantee mechanism of the supplier right, put forward heavy lawmaking suggestion of mechanism of the right guarantee of the supplier. Relieve aspect from the dint at the supplier, give supplier to bring up the save right of civil case in court directly, confirm supplier to bring up the qualifications of public welfare litigation and bring up the right of administration litigation directly. Relieve aspect in the civic rights, combine the government save and society relieve both side of the strength set up the purchase direct of diversified government mechanism, guaranteeing the legal right of supplier.