Research On Administrative Remedies In The Government Procurement

In recent years, government procurement, as an important tool in the managementof economic and social life of the world, has been vigorously developing in ourcountry, since it can bring enormous economic and social benefits. Governmentprocurement has achieved a lot of success, however, there are many illegal thingscoming along with it, such as rent-seeking, corruption and other bad behaviors.Government procurement figuratively as the "Sunshine Project" is clouded in reality.The relief system of the supplier rights of government procurement as part of theGovernment Procurement Law, can be described as the essence of the wholeprocurement law. Setting up the integral relief system which will be conducive toenhance the confidence of suppliers in the government procurement and stimulate theinterest of suppliers to actively participate in government procurement, will alsoprotect the supplier’s legitimate rights and provide legal revolutions when thesuppliers’ rights get harmed. Meanwhile, improving the relief system is also theobjective needs for China’s government procurement into internationalization.Unlike ordinary procurement, government procurement has both civil andadministrative nature. The traditional national remedy mode is single-moded, which isthe mode of civil law or one of administrative law. Since the two-stage theory hasspread to the national legislative practice deeply, we have a new understanding of thenature of government procurement. The theory says that signing governmentprocurement contracts is a cut-off point, which needs to divide the contracts into twostages, one is the stage to award procurement contracts, the other one is the stage toimplement procurement contracts. In the first stage, the administrative nature of theprocurement highlights, that is to say, procuring entities take public power as itsbacking. The countries which adopt the two-stage theory agree that it is moreeffective to the administrative remedy in the first stage. As for the second stage, thereare still disputes about whether to take civil law or administrative law relief model. Inthis thesis, the research perspective is to adopt administrative law relief system in thestage to award government procurement contracts. The two-stage theory is designed not only to conform to international rules, but also to be more conducive to theprotection of the legitimate rights and interests of the suppliers.This thesis studies the suppliers’ rights in government procurement, triggering thethinking of the necessity to sound the system of supplier rights. Firstly, discuss onsome of the basic theory of Government Procurement System, including the concept,range and exceptions to reveal the basic theoretical framework of GovernmentProcurement System. Secondly, state analysis of the relevant legal provisions ofinternational economic organizations and developed countries in their procurementrelief system. Thirdly, identifies the current problems existing in our country’sgovernment procurement process. Finally, propose feasibility strategies to improveour government procurement relief system.