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Government Procurement Contracts

Posted on:2014-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:K YangFull Text:PDF
GTID:2246330395993287Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Government procurement contracts occupy a central role in the government procurementact. Government procurement contracts from the essence, it is a means to that taken by thegovernment to achieve procurement purposes and other public purposes. This means, if usedproperly, will achieve the purpose of saving the financial expenditure to promote the sounddevelopment of the national economy; if used improperly, it is easy to breed corruption is notconducive to the healthy development of the national economy. At present, China is not forgovernment procurement contracts to develop a specialized legal. China’s "GovernmentProcurement Law" for government procurement contracts dedicated a chapter to theregulations, but too general for government procurement contracts, and lack ofmaneuverability. In addition, the disputes in government procurement contracts entered intofulfillment process, it is also just a simple provisions applicable contract law while ignoringgovernment procurement contracts, special and specific problem handling general civilcontract significant differences, leading to the difficulties of the judiciary in dealing withgovernment procurement contract dispute.The first chapter is a cutting-edge part of the Research focuses on the issue of theresearch objectives, methods, and scholars. The second chapter describes the basic concept ofgovernment procurement contracts, characteristics, and through deductive reasoning, one byone, and several characteristics of civil behavior control, come to the nature of thegovernment procurement contracts is a special civil contract conclusions. This articleChapters III and IV, by comparison with the general civil contracts, combined with thespecific situation to find out the government procurement contracts entered into to performthe change, the change, the lifting of the way, methods, conditions, and procedures, and tryingto establish a sets government procurement contracts entered into, perform, change, relievespecific rules. In this paper, the final chapter of our current government procurement contractdispute settlement mechanism with reference to the mature experience of foreign legislationand judicial practice, based on our existing government procurement-related laws, regulations and departmental rules based on the actual situation in China, and put forward somereasonable suggestions.The authors hope that through the efforts of the parties making the contract system ofgovernment procurement in China to constantly improve the fair, just, open and freecompetition in the market mechanism is strictly adhered to in government procurement in allaspects of, and ultimately achieve better safeguard the legitimate suppliers the right to obtainthe maximum benefit, with minimal financial expenditure, and good intentions to promote thehealthy and stable development of the national economy.
Keywords/Search Tags:government procurement contracts, government procurement contractsentered into government procurement contracts to fulfill, government procurement contractdispute resolution
PDF Full Text Request
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