The Research Of Government Procurement Supervision System

After the development of 20 years, the scope and scale of Chinese government procurement has been expanded. Meanwhile, many problems such as corruption, extravagance and waste have been exposed in Chinese government procurement, which have a very bad effect on the healthy development of of the system of Chinese government procurement. All sorts of dislocations in the activities of government procurement have a very close association with the fact that there are many problems in the system of government procurement and the system of government procurement is not effective enough. For example, as the two main laws in the field of government procurement, the government procurement law and the bidding law have conflicts in the supervision principle, supervision subject and supervision object in macro, and on the other hand the two laws have some deficiency in the supervision subject, supervision object and supervision content in micro. The author hopes to conduct a survey about the extraregional government procurement supervision systems so that our country can draw some lessons to improve Chinese procurement supervision system.The author in this article mainly uses the method of literature study, comparative study and so on. This article’s main body part is arranged as following:Firstly, this paper briefly introduces the related content of government procurement supervision system.In the beginning of this paper, the author defines government procurement supervision system, and then this paper discusses what content that government procurement supervision system should contain in general sense, that are supervision subject, supervision object and supervision content, and finally based on which, the author puts forward the theoretical basis of government procurement supervision system.Secondly, the author selects the United States and Taiwan whose government procurement system are developed to have a research. The author finds that their government procurement legal systems are very complete, supervision subjects’ authorities are explicit and are divided clearly. Supervision objects not only contain direct participating subjects that take part in government procurement activities but also contain indirect participating subjects that take part in government procurement activities. Supervision content contains the whole process from the procurement plan to contract management. All these provide the useful experience for our country to improve Chinese government procurement system.Thirdly, starting from the legislative status quo of Chinese government procurement supervision system, the author introduces the the government procurement law and the bidding law with their implement regulations, which are two main laws in the field of government procurement. And the author summarizes the main content of Chinese government procurement system, including supervision subject, supervision object and supervision content, on the basis of which the author analyses the problems that exist in the content of each part.Finally, the author puts forward legislative proposals to improve Chinese government procurement supervision system. The author suggests drawing the legislative experiences of the government procurement of United States and Taiwan area, to improve Chinese government procurement system as follows:Harmonize thoroughly the conflict rules between government procurement law and the bidding law by making the two laws merge; Solve the problems that exist in the supervision subject by making clear the authorities of supervision subject, making administrative supervision department more independent, improving the system of suppliers’ querying and complaining, introducing public interest litigation system and so on; improve the supervision on supervision object by enhancing the supervision on administrative supervision subject and setting up government procurement qualification certification system; enrich the supervision on supervision content by improving the rules about government procurement contract’s modification, suspension, termination, revocation,as well as check and acceptance of the contract, etc. The author hopes the advice can provide some elicitation to improve the system.The author has a research on current law system in macro, and puts forward some improvement advice toward the problems in each factor of government procurement supervision system in micro, who also comes up with some innovative opinions, for example, bringing in public interest litigation system to the field of government procurement, setting up government procurement qualification certification system,etc. Although the author do her best to improve the paper, due to the limited ability,there are still some shortages, for example, due to the limitations of data collection, the study of government procurement supervision system in Taiwan is insufficient, and some proposals are not mature enough, and so on.