Research On Legal System Of Government Procurement Supervision

Government procurement is an important part of public expenditure. The one hand, its purpose is meeting the needs of the Government in order to perform their duties, on the other hand can also be achieved through governmental intervention in the economy, which is macro-control functions. China's government procurement system has been implemented for eight years. Both in improving the effective use of finances, inhibition of corruption in procurement activities, or in the specification of public expenditure, and maintain our own interests have made great achievements. Effective legal system of government procurement not only needs the appropriate rules, but also need taking appropriate measures to ensure the smooth implementation of the rules. With the constant improvement of China's economic system and the gradual formation of a socialist legal system with Chinese characteristics, experts and scholars are calling for improved the system of government procurement Supervision to contain corruption fundamentally. Whereby, a truly fair and competitive market environment will be created. Enterprises can achieve survival of the fittest by this. The multidirectional roll of Government procurement system can be exerted. This article is based on the government procurement system and its supervision theory. With the analysis of the situation of the government procurement supervision and the reference of advanced experience about extraterritorial system of government procurement with comparative analysis, this paper discusses the road of improvement of the legal system of government procurement.The thesis is composed of five parts excluding the introduction part.Chapter one is the overview of the theory of government procurement system. Firstly, the author represents the concept and characteristics of government procurement, also with the fundamental principles and the main model. This part is the theoretical basis for later discussion. Subsequently, the author summarizes the elements of government procurement supervision in three aspects, which includes supervision subject, supervision object and Supervision manner. Through in-depth research about Power Rent-seeking, Asymmetric information and Characteristic of economic man, the author thinks it is necessary that establish the system of government procurement supervision.Chapter two investigates the status of the legal system of the government procurement supervision. Firstly, the author introduces legislative situation about the government procurement supervision. Secondly, the author summarizes the experience of the legal system in the government procurement supervision gained in practice and exploration--Sichuan Province and Fujian Province for example. Then, the author takes an overview of supervision problems during China's. Finally, the paper explains the predicament in the implementation during government procurement supervision.Chapter three discusses the legal system of extraterritorial supervision of government procurement for reference. Mainly from the legal norms, regulatory body, regulatory approach, dispute handling, etc. are discussed the perfect system of government procurement regulation in the United States, Britain, South Korea and Taiwan of China. Provide for the later part of the integrity, the author summarizes the legal system of extraterritorial regulation of government procurement experience for us.Chapter four discusses the integrity of legal system of the government procurement regulation. Government procurement monitoring system will need to be perfected summed up in three areas: improving the legal system, improving supervision institution building performance evaluation model. Section I starts with the butt of substantive law--"Budget Law" and "Government Procurement Law. From the perspective of procedural law, the author considers that "Regulations for the Implementation of Government Procurement Law" is hard up for introduced. Section II analyzes how to improve the supervision system of government procurement in former, concurrent and ex-post stage. Section III discusses the evaluation model of government procurement performance.Chapter five is a conclusion towards summarize this paper and illustrate some of the problems in the article.