Research On Mechanisms For Protecting Suppliers' Rights In Government Procurement In China

Government procurement supplier is an important party involved in government procurement activities.Itensures the smooth progress of procurement activitiesandis an essential element in promoting the development of government procurementthat plays an irreplaceable role.With the increasing scale of China's government procurement,the broad government procurement market provide a broader platform for suppliers to expand their businessesand access to the economic interests;Simultaneously,government procurement activities have also brought many damagesin legal rights and interests to the suppliers(Such as government procurement information is not open,black-box operation,etc.).If the legitimate rights and interests of suppliers arenot adequately protected,it will inevitably affect the enthusiasm of their participation in government procurement;without the full participation of suppliers,the purpose of government procurement would not be achieved through full competition.Countries with relatively good government procurement legislation(such as the United States,Britain,etc.)have a more mature and effective approach to the protection of supplier rights.In contrast,although the government procurement information disclosure,avoidance system,questioning complaints help suppliers protect the legitimate rights and interests of the system,because our government procurement legislation started late and it lacks of practical experience and other aspects of our government procurement protection of supplier's rights,the relevant provisions still need to be improved.Therefore,the research on the theory and practice of supplier rights protection has great value.This paper introduces the five specific systems of the protection mechanism of the government procurement supplier's rights,and then analyzes the existing problems in each system and puts forward some superficial suggestions.In addition to the introduction and conclusion,the main body of the article is divided into the following four parts:The first part introduces the concept and content of the protection mechanism of government procurement supplier rights.This part mainly involves in three aspects,one is the concept and classification of government procurement suppliers,the others are the four main rights(the right to know,the right to fair competition,the right to supervise according to law,the right to complain)elaborate the concept and content of the government procurement supplier protection mechanism.The second part elaborates the preventive mechanism of the protection of the government procurement supplierrights.The prevention mechanism involves in three specific systems,including information disclosure system,avoidance system and supervision system.According to the above-mentioned three kinds of systems,the author analyzes the specific system according to the same train of thought.First,it introduces the present situation of each system in our country,and then analyzes the main problems of each system.For example,the legislation on the information disclosure system in government procurement mainly includes the government procurement law,the bidding and bidding law and the implementing regulations of the above two laws.Although the information disclosure system is strictly regulated by laws and regulations,some channels of information release are not unified,the contents of information disclosure is too simple,ineffective implementation of information disclosure and other issues.There are some problems in the system of avoidance,such as unclear definition of evading object,avoidance of responsibility and so on.Supervision system still exists in the supervision of the main scattered,ignoring the power of social supervision and other issues.The third part analyzes the relief mechanism of government procurement supplier protection in detail.The remedial mechanism mainly includes the two specific systems of questioning and complaining system and judicial relief system.The discussion on these two systems follows the second part of the discussion,first introduces the laws and regulations involved in the two systems,and then analyzes the above two systems in legislation or practice problems.The questioning and complaint system has the problems of pre-influencing the relief of the supplier's rights,the questioning and the acceptance of the complaint institution is not independent and so on;The judicial relief system has the narrow scope of the administrative litigation review and the narrow scope of the administrative litigation.The last part discusses how to perfect the protection mechanism of government procurement supplier's rights.This part firstly elaborates the purpose of perfecting the protection mechanism of government procurement supplier in our country(promoting the development of government procurement and satisfying the relevant requirements of GPA).Then,it puts forward some suggestions for perfecting the above five specific systems,such as unifying the information release media,the disclosure supervision,the disclosure,and the detailed rules of avoidance to make the avoidance system more operable;integrating supervision of the main body and demonstrating a supervisory force;reformingquestioning preposition and improving the rules of complaint;expanding the scope of judicial relief.There are no specific articles on the protection of the rights of the government procurement suppliers in the existing laws and regulations.In this paper,the author tries to sort out from the two aspects of prevention and protection,analyzing the existing laws and regulations in order to help protect the rights of suppliers.The viewpoints are novel.In addition,the article also focuses on enhancing the argument through the data analysis convincing.However,there are still some shortcomings in this paper,such as the lack of research on the related topics in-depth research;it may still has some difficulties in practice for the proposed improvement of the system and so on.