A Comparative Study Of Chinese And American Government Procurement Relief System

Government Procurement Relief System is a series of legal norms which the partys of procurement (including purchasing agents, suppliers and the third parties) use to resolve disputes in government procurement. It has great significance to safeguard the legitimate rights and interests of the third parties procurement, protect the smooth operation of the market, and ensure the government procurement target to be achieved. The improvement of the Government Procurement Relief System should be carried out under the guidance of three basic principles:the priority principle of public interest, the principle of fairness and the principle effectiveness.As one of the earliest countries which legislates and acts out government procurement, U. S. government forms a complete, appropriate and effective relief system of government procurement. By comparing the main contents between Chinese and American Government Procurement Relief System, our country can absorb profitable experience from Procurement Relief System. Thus, Chinese Government Procurement Relief System should focus on two levels of system construction. Overall, the direction of the development of Chinese Government Procurement Relief System should be phased relief mode, and the contract law should be professional. From the micro side, Legislation Innovation of China should be carried out on the basis of American experience. Not only the scopes and procedures of Chinese government procurement remedies, but also the dispute settlement mechanism and measures of suspension should be improved. Improvement of the relevant provisions of the Government Procurement relief system must take the fundamental principles of the Government Procurement Relief System into account, and balance the interests of both parties.