The Nature Of Government Procurement Contract Research

With the development of market economy and the accession to the WTO,government procurement system has rapidly developed in our country, as a result the procurement methods have become more diverse, the legislation structure also changes from simplification to systematization. However, some practical problems have risen, such as Black-box,corruption, relief ways undefined and so on.Appearance of these problems have a tremendous relationship with the deviation on the determination of government procurement contract, and the resulting defects in the design of the system and the disorder in the application of law. This article is about the nature of government procurement contract and the relevant system design.Basing on the introduction of fundamental concepts and theory of government procurement and government procurement contract, this paper firstly states the origin of government procurement contract from the point of legislation, judicial practice and theoretical research. Afterwards the paper puts forward the core view about government procurement contract, that is the contract is a kind of administrative contract and demonstrates the view from theory and actual pros and cons.In the end,the paper proposes suggestions about the design and improvement of the administrative contract system from the point of the signing procedure normalization, contract privilege gained by the administrative organ, the fulfillment supervision and the dispute solution of the contract.By research, the writer hopes to promote the further development of the government procurement system, effectively regulate the power of the government,improve the protection of the rights of the parties, and effectively function the system of government procurement in China.