The Legal Supervision And Management Of Government Procurement Contracts

The thesis subject is the law regulation of the government procurement contract, the regulation of government procurement is subject to government procurement contracts made in the procurement and implementation of the process of the realization of their rights, and to fulfill its obligation protect of China’s government procurement system is a necessary component. There is a divergence between the natures of the government procurement. Pointed out that the procurement of regulation in the presence of a phenomenon, that is, the law applicable to the conflicts in the actual legal effect of a legal mechanism conceal or cover up another legal mechanism. In view of the current regulations of government procurement contract and its shortcomings, the thesis proposes the law regulation in the role of government procurement. Front relief agencies, relief system in the creation of a third person in the public interest litigation system, and so on.The thesis is divided into five sections, which make analysis of the legal aspects of the government procurement contracts. The first part is the introduction of the thesis, which includes the research purpose and the research status in domestic and overseas. At the same time also introduced the research method and the point of innovation. The second part of the thesis is the basic theory of the government procurement contracts, which include the concept of government procurement and the procurement contracts. Comparison of domestic and foreign scholars is the main research. In particular the characteristic of the government procurement contract is the key. The third part of the thesis is the nature of government procurement contracts, which is the focus of the academic debate. The government procurement contract on the nature of a civil contract, said that the administrative law of contracts and the economic law of the contract. This part from the main government procurement contracts, the contents government procurement and the purpose of the contracts analyzed. The forth part of the thesis talks about the legal matters that exits in the government procurement contracts in China, which including the chaos of the government procurement subject, the conclusion and fulfillment of government procurement, and the contract relief are not a sound of problem. Combined with the some cases of the government procurement contracts, the causes for the problems are analyzed deeply. The last part of the thesis is the solution to improve government procurement contracts in China. The measures include:standardizing the main government procurement contracts, the establishment of a comprehensive supervision procedures and perfecting the relief system.