| With the increase of government procurement scale and number in China,there are lots of limited competitive behaviors in the government procurement process,which destroy fair competition order of suppliers in government procurement process.For this reason,the author tries to analyze two typical anti-competitive practices in government procurement,finds out shortcomings of government procurement law system in China,and proposes recommendations on perfecting government procurement law system in China by combining with relevant overseas and domestic laws and practice experience.The author demonstrates legal regulations of anti-competitive practice in government procurement.The paper can be divided into introduction,main body and conclusion.In the introduction,the author mainly introduces research background and causes for anti-competitive practice in government procurement,explains the purpose in this paper,conducts comprehensive review on relevant literatures and has a certain understanding of government procurement system in the current stage,refers to the useful ideas,and finally elaborates research methods and shortcomings in the paper.In the main body of part one,the author introduces connotation of government procurement and government procurement contract character.Through definition of government procurement behaviors and analysis of government procurement contract character,the author comprehends government procurement as a whole,defines particularity of government procurement,and confirms the necessity of anti-competitive practice in government procurement process.In the main body of part two,the author introduces main types and legislative confirmation of anti-competitive practice in government procurement.The anti-competitive practice in government procurement has multiple types.However,the author just selects two classical types to discuss.One is the administrative anti-competitive practice in government procurement.The other is malicious collusion bidding behavior in government procurement.For administrative anti-competitive practice,illegality should adapt to Perse Rules.Collusion bidding behavior in government procurement can be identified as price cartel and it is also suitable for Perse Rules.In the main body of part three,the author analyzes legal shortage of anti-competitive practice regulations in government procurement.The anti-competitive practice is presented in government procurement,relating to imperfect regulatory system of government procurement,imperfect relief system of oblige,and poor connection between relative legal standards,etc.In the main body of part four,the author proposes suggestion on perfecting laws and regulations of anti-competitive practice in government procurement according to problems in government procurement practice by combining with shortage of government procurement law in China. |
