Comparative Study Of Relief System Of Government Procurement

With China's entry into the World Trade Organization and the preliminary founding of the system of socialist market economy, it is of great consequence to establish a scientific system of government purchasing, it is imperative to set up a consummate and efficient relief system, which contributes to the practical implementation of the basic rules prescribed in the law of government purchasing. Nevertheless, previous theories have always taken the relief system as a common issue and given a brief introductory analysis of it in the course of researching on government purchasing. The specialized research on the relief system in government purchasing is found to be superficial and incomprehensive. To date, few studies have dealt with the relief system in government purchasing thoroughly from a theoretical perspective. Therefore, with a view to compare with GOVERNMENT PROCUREMENT AGREEMENT(1994) under WTO and Model Law on Procurement of Goods, Construction and Services of the United Nations Commission on International Trade Law under UN, then analyze the setting of legal remedy and the choices or methods while subjects is looking for remedies. The researcher decided to carry out the present study, from both theoretical and empirical perspectives, of the right relief system of the third party, the supplier and the purchaser in the two stages involved in government purchasing, on the basis of which the researcher offers some concrete suggestions as to the perfecting of the systems related to the issue of relief in government purchasing. Hence this study is not only of vast theoretical importance but also of immense practical significance in that it is the pioneering study of the relief system in government purchasing.Based on the above understanding, firstly, this article set the basic theory of the legal relief as the logical starting point, by comprehending, defining the concept of legal remedies, and then analyze their types. The purpose is to find the roots of legal remedies, thus extending to the Government Procurement institutional theory. On the basis of the theoretical part, the article also discusses the principal part of the relief, bedding for the following GPA Agreement and the "Model Law" the rights involved in the relief.The following two parts is aiming to compare between GPA Agreement and the "Model Law" from two aspects.The second part is mainly about the GPA agreement and the "Model Law" relief mechanism for comparison. The relief system of GPA agreement mainly embodies the challenge procedure in parallel with the dispute settlement procedures. as the most unique relief program, the challenge procedure mechanism will not only help to resolve the dispute, but also safeguard the rights of the parties of government procurement. The "model law" remedy is reflected in its multilevel nature: first review of the procuring entity; followed the review of the executive; final for judicial review. Three relief system cooperate with each other by progress and hand in hand.Based on the second part, the third part of the article sort out relief system by third person, supplier and purchaser of two laws in the Government Procurement separately. When it comes to the relief in the third person, The article deal with the scope, procedures and remedies of the relief of the third person; in relief on the supplier, taking into account its special nature, the article excluded the third person and only remedies From the perspective of government procurement contracts to compare the two laws; In relief on the purchaser, GPA agreements mainly guaranteed by the Dispute Settlement Body (DSB), and the "Model Law" is guaranteed by the two types of suppliers, including the bid security and performance guarantees.Finally, the article focuses on the problems of government procurement in China Relief System. Now in the legislative remedy, the defects and shortcomings in China's government procurement system is the urgent need of relief if we continue to improve the government procurement system. "Model Law" as the government procurement legislation in many countries, also has a strong reference value to the legislation of our country. For example, the reference process improvement in complaints and questions, as well as government procurement contracts amendments. And because China's imminent accession to the GPA agreement, were to become Parties, namely China's government procurement agreement to be in accordance with the GPA, and we should revise where the domestic legislation is inconsistent with GPA Agreement as soon as possible, especially to perfect the legal system of government procurement and oversight review bodies.