Legal Protection Of Suppliers' Right To Fair Competition In Government Procurement

The principle of fairness in market economic operation is an important rule, also is the basic rule of government procurement. According to government procurement law and relevant provisions, supplier shall have the right for fair competition. But in government procurement activities, the suppliers in a relatively vulnerable position. Great attention must be paid to the protection of the rights and interests of suppliers, who participate in bidding procedure to get or not to get the contract by agency's illegal activities, or have rights but not allowed to take part in the government procurement system. Besides, in government procurement activities, some government procurement evaluation experts also may not according to regulations for purchase review, aggrieve a (some) supplier's fair competition right. Furthermore, fierce competition between suppliers in procurement activities, some suppliers also may violate compasses act to obtain government procurement contracts (such as through procurement of purchase contract for bribery), this no doubt will damage other supplier's fair competition right.This paper reference the relevant documents, analyzing the situation that suppliers may encounter the unfair treatment in procurement activities, using the literature analysis and comparative analysis indicates that the shortage of legal protection supplier fair competition power in current law, and put forward my own proposals.In addition to introduction, this paper also includes the following five parts:The first part is a brief introduction about supplier's fair competition right in procurement activities. First explains the concept and the main rights of suppliers who take part in government procurement; Then clears the definition and constituents of supplier's right on fair competition; finally protects the theoretical basis and the practical significance of supplier's right on fair competition for below provide writing basis.The second part is about violations situation and legal responsibility of supplier's fair competition right. From the aspects of the main body, invasion of infringement performance forms and violations of the consequences,we analyse the current government procurement mechanism defects.The third part states the defects in China current laws, concerning the protection of supplier's fair competition right. In this part, we use the government procurement law, the invitation and submission of bids law as an example, interpreting the two laws of suppliers in the protection of the supplier's right on fair competition and discussing the shortcomings and contrasting analysis.Fourthly, perfect supplier's fair competition of legal protection of rights. In this part,we summarize of the foreign mature legislative and judicial practice experience for inspiration to theory and practical operation, to put forward to solve the above questions one by one, and based on the right of fair competition maintain supplier related supporting measures in order to better achieve the government procurement of push forward.The last part is peroration. After the content of the above comb, we summarize the current government purchase supplier in the protection of the right of fair competition legislation significance and solutions, in order to better achieve the government procurement objectives.