On Government Procurement Contracts

Contemporary governmental procurement is the action that government office or institution,organization which exerting governmental power acquires supplies, projects and services from suppliers independent of government organizations by trade-mechanism. This transaction can only be fulfilled through contracts in market economic environment. The governmental procurement is the process of signature and fulfillment of government procurement contract, while these contracts are deemed to be kernel or hinge during governmental procurement process., therefore, The Government Purchase Law is mostly the Government Purchase Contract Law. Government procurement contract is taken as heart in the study of governmental procurement system. Determining government procurement contract's legal character undoubtedly plays a decisive part in building the whole governmental procurement system and applying the basic legal rules.After repetitive argument, the government purchase law of our country determines the government purchase contract as civil contract and should apply contract law. This choice has to be made under the circumstances that since the theory of administrative law is immature, administrative contract isn't be contained in the administrative litigation system while contract law is mature. But legislative conclusion isn't the ultimate standard of testing one academic viewpoint correct or not. Virtually, the government purchase contract often has the public benefit goal or the public policy goal. The purchaser is government institution exerting public power or organization taking on public function. The partner of the transaction has visible different status.The purchaser has dominant might. The government purchase contract is administrative contract in essence; it and private contract should apply different laws. Appling contract law blindly will result in much malpractice and affect the protection of parties' legitimate rights and interest.On the other hand, The Government Purchase Law standardizes the fulfillment of public power by contract. Judicial review on public power is needed in modern legalism. Administrative institutions fulfill the responsibility legally or not should accept judicial review's supervise. This supervise can prevent administrative institution avoiding law by signature contract. as well as judicial review can strengthen supervise on administrative institution's might and protect supplier's legitimate rights and interest. judicial review on government procurement contract should fetch in correlative rules of civil action.When compared with west developed country's governmental procurement which hold over two hundred years history, ours looks like a tot. It is damned imperious that we should introduce into and dawn on advanced theory and legislation experience, redefine the character of our governmental procurement, amend administrative litigation law, come on the justice explanation, perfect The Government Purchase Law, set up the government purchase mechanism which accord with the situation of our country.