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On The Supefvision Mechallism Of Government Procurement Contract In China And Its On The Supervision Mechanism Of Government Procurement Contract In China And Its Perfection

Posted on:2013-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:M H ZhouFull Text:PDF
GTID:2246330395454948Subject:Law
Abstract/Summary:PDF Full Text Request
The government procurement system is an important system which controls the public finance expenditure, standardizes the government’s administrative behavior. It is an important method the world’s governments use to manage social and economic life, The GDP has larger proportion, China’s government procurement has accounted for about10%of the entire national economy, produce the effect play a decisive role. Government procurement is the procurement and supplier relationship between the contract of government procurement, contract is the core and pivot.and its core is the government procurement contract.According to our country’s Government Procurement Law, the government procurement contract is Contract Law, but due to its subject is to have administrative rights of administrative organs, is the use of social property to satisfy the social benefit, thereby the government procurement contract is different from the general civil contract. This article from the government procurement contract the specific subject, the purpose of public welfare, carry out administration excellent benefit right principles and characteristics, the nature of its analysis, put forward that a government procurement contract is not only a civil contract, but also has certain administrative nature. It is a special civil contract, It takes the civil contract external form its legal attribute, so, should not mechanically copy "contract law" of the relevant theory. In the clear need to" contract law" under the premise of government procurement contract, the special problems related to make a provision. The government procurement contract administration, government procurement law formulation of defects and government procurement process of multiple links, improve the efficiency of the reasons that make the establishment of government procurement supervision system of government procurement contract, implementation of the" open, fair, justice", become an urgent problem to be resolved.Government procurement in China started relatively late, although it has formed certain framework, has played an important role to regulate the acts of government procurement, improve the benefits of government procurement funds, safeguard national interests and social public interests. But undeniably, there are many problems in its supervision mechanism, both in legislation and in practice.,the results are unsatisfactory,the problem of frequent exposure of corruption in government procurement.This paper finds out that the Government Procurement Contract legislation is not perfect, the main supervision is not in place, and the Government Procurement Contract is inadequate in supervision and administration of excessive concentration of power and other issues; and the author also analyses the reasons for the problems., Introduced the United States, South Korea and Singapore government procurement contract supervision experience and its reference significance to china. Should say, supervision of government procurement contracts is an important and complicated work, it resides in the government procurement process. Only to further standardize the procurement management and operation, strict government procurement procedures, in order to establish the government procurement authority and good image. Aiming at the problems existing in government procurement, put forward compose to build contract of government procurement supervision legal system, strengthens to the government procurement contract supervision, perfect government procurement contract when the contract registration and inspection management, expand the scope of supervision subject specific perfecting government procurement contract supervision measures.
Keywords/Search Tags:Government, Procurement Contract, Supervision Mechanism
PDF Full Text Request
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