The Research On The Main Information Disclosure Obligation Of The Government Procurement Subject In China

Government procurement is the government use fiscal spending to purchase behavior of public products, at the same time it as an important means of macro-economic control and regulation, Through the selection of the direction of the government purchase of public products and purchases of adjustment, realize the role of economic regulation, to make up for the defects of market failure. Along with the continuous expansion of government procurement, procurement number of rising, the government procurement of the role and influence of economic development is becoming more and more be known by people. However, government procurement subject information disclosure is an important and key links in government procurement, its standardization degree directly determines the whole process of government procurement principle of openness, fairness and justice, to carry out the situation. The government procurement law, bidding law "has been issued for many years, but through the analysis and comparison can be seen in the existing laws and regulations exists many contradictions and conflicts. In practice, many problems cannot be solved effectively. Based on the problems existing in the government procurement information disclosure, this paper analysis the main body to disclose the cause of the problem, This paper analysis the main body to disclose the cause of the problem, on the basis of combining the situation of our country, draw lessons from and absorbing the international advanced experience, Draw lessons from and absorbing the international advanced experience, put forward relevant purchasing subject, purchasing information content, channels way, such as the improvement of the specific advice, powerful push forward healthy and orderly development of government procurement.First chapter is to establish a government procurement subject analysis the necessity of information disclosure obligation system. The subjects of this chapter on the definition of government procurement and related information disclosure obligations concept, on the basis of analyzing the necessity of building and perfecting the information disclosure obligation to purchase subject, there is no doubt it is to carry out and implement the principle of "government procurement law" open, fair and transparent. Finally, the paper expounds the theoretical basis for government procurement subject information disclosure obligation, namely to improve the use efficiency of financial capital, save social cost theory, protect vulnerable subjects and maintenance of information symmetry. The second chapter is our country government procurement information disclosure obligations, analysis the present situation and the existing problems. This chapter begins with major national construction projects listed-"Xiaoshan mainland drinking water project" in bidding serious fraud and illegal procurement and other cases, Changsha industrial and commercial bureau From the Angle of the legislative status, points out the current situation of our country government procurement information disclosure obligations. Further analysis of our country government procurement information disclosure of the main problems existing in practice, namely, from the scope of government procurement subject, channels of information disclosure, disclosure of public way, regulatory system and legal responsibility for the content and procurement is discussed main problems existing in information disclosure and points out that the causes of the problem.The third chapter is to perfect our country government procurement subject system of information disclosure obligation. For purchasing the improvement of the subject system of information disclosure, this article mainly from the macroscopic aspect. In combination with the government procurement agreement, the act of purchasing demonstration and other international advanced experience on the basis of above, adopt the method of comparative analysis, put forward perfect including procurement subject scope and legal responsibility for the content, way of disclosure, disclosure of four sorts of advice. In particular, should be gradually expand the scope of purchasing subject, to adapt to the demand of social development; Unified disclosure way, content and way to protect the rights and interests of suppliers and related subjects, clear legal responsibility, legal, the offenders should increase the intensity of punishment, to ensure the authority of the law.