The Analysis Of The Boundary Between Contractual Freedom And Public Policy

The thesis discusses the boundary between contractual freedom and public policyin government procurement. Article9of Government Procurement Law of thePeople’s Republic of China with the content of government procurements shall beconducive to the realization of the policy goals for economic and social developmentof the state, including protecting the environment, supporting the underdevelopedregions and ethnic minority regions, promoting the development of small andmedium-sized enterprises is chosen as the discussion perspective. At present,government procurement shall respect the principle of contractual freedom so as toeffectively protect the legitimate rights and interests of the counter party as well asrealizing the function of macro-control and public policy. Neither the blind pursuit ofmarketization ignoring other interests nor the undue pursuit of public policyabandoning the law of market is advisable. Therefore, boundary between contractualfreedom and public policy is of vital importance. Previous to expounding theboundary, the thesis clarifies the concepts, natures and features in governmentprocurement via the analysis of the concept of government procurement. Secondly,the thesis analyzes and summarizes the contractual freedom and public policy in orderto present their effect on government procurement including the contractual freedomin both classical civil field and government procurement, and the public policies infavor of realizing the objectives designed by state economic and social developmentpolicies such as protecting the environment, supporting the underdeveloped regionsand ethnic minority regions, promoting the development of small and medium-sizedenterprises, etc,. Finally, the boundary between contractual freedom and public policyin government procurement is analyzed and identified in the three dimensions of theprinciple of small and medium-sized enterprises protection, economy and efficiency,conducive to the realization of the policy goals for economic and social developmentof the state, and the natures and the right reliefs of government procurement. Clearinclination and boundary in each dimension are provided.