Study On The Third-Party Relief Of Right In China Government Procurement

Government procurement unlike general corporate and private procurement, the former relative to the latter, not only the number and size are relatively large, but also to expand the scale of government procurement is an important macro-economic means when the national recession. Therefore, the government procurement smoothly is very important and the cooperation between the parties can’t be separated from each other. The main parties in government procurement includes suppliers, purchaser and procuring agency, the third-party is also a supplier, which unable to participate in the government procurement. In a word, government procurement can be divided into two stages that contract award and contract performance. In the contract awarded stage, the main dispute is the third party between the purchaser, the main dispute is the winning supplier between the purchaser in the contract performance stage.This paper studies the third-party relief mainly, so we have focuses on discusses government procurement in the contract award stage.The article describes the meaning of the third person as well as third-party rights compromised for various reasons. In the first, in order to learn from experience outside the country or region, they also introduced a number of provisions of the law, in the second, for example, we have introduce that double relief EU, WTO’S "Agreement on Government Procurement". We have pointed out that Government Procurement Law of China exits some shortcomings at the same time, for example, the scope of the provisions of the third person is too narrow, if they want to go through the pre-complaint procedures, they must ask the question before. In the end, I have put some of my suggestions, for example, we should expand the scope of the third person appropriately and cancel the front of the procedural requirements. We have achieved our goal of relief third-party rights ultimately.