Study On The Complainment And Appeal Procedure Of Government Procurement

In the Contract awarding stage,our procurement legistation for supplier's legal remedy has experienced process from the earliest only appeal procedure in chapter of Examination and Supervision to complainment,appeal,administrative review and judicial litigation in the government procurement law.This change refers to the "Government Procurement Agreement",Model Law On Procurement of Goods,Works and Services by the United Nation's Commisssion on International Trade Law" and other procurement legislation of foreign countries.so in the first part,the article detailed introduces the emergence and development of the complaintment and appeal in China.And then in the second part,introduces the procurement remediation legislation of GPA,Model Law,and procument law of the United States,Japan,Taiwan,and found that above legislation has four advantages:the scope of legal remedy is wide,accepting agency of complainment is highly independent,supplier can freely choose the use of complainment as well as once supplier make a appeal,the purchase will automatically suspended.(the Part three).Theses advantages are just what complainment and appeal procure of China lacked,so on above basis,the article inpart four introduces present situation of complainment and appeal procedure in china.and finally in the fifth part of this article give some advice based on the aboveextraterritoriallegislation,Including that expanding the application scope,give accepting agencyof complainment and appealmore externality,use the complainment procedure at supplier's disposal and adopt automatically suspended system in appeal procedure.