Research On Administrative Law Control Of Rent-seeking Behavior In Government Procurement

How to regulate the exercise of public power of state organs is directly related to the construction prospect of the rule of law.And government procurement as a state organ,especially the administrative organs,institutions and some social organizations to allocate public financial funds,the exercise of public power,one of the main means,should be included in the legal system and the legal system within the scope of regulation,through the rule of law And the way to the whole process of government procurement and the behavior of the relevant procurement entities for substantive and procedural constraints.Up to now,China's "government procurement law","government procurement law enforcement regulations" and other laws and regulations based on the government procurement system has been roughly formed,but because of government procurement and related laws and regulations there are some loopholes and defects,leading to the relevant provisions and Did not get a good compliance and implementation,power rent-seeking in all aspects of government procurement is still a large number of existence.First of all,this paper makes a general analysis of the basic concepts and related theories of "government procurement" and "power rent-seeking";then defines the legal nature of government procurement from the academic and legislative levels,Purchasing is defined as administrative action.Secondly,it analyzes the current administrative laws and regulations in China,and analyzes the existing administrative laws and regulations.The regulation measures for the rent seeking in the field of government procurement mainly involve the definition of the main body of procurement,the administrative procedure control,the administrative evasion system,the procurement information disclosure and some relevant provisions of local administrative procedural legislation.Thirdly,the paper analyzes the loopholes and shortcomings of the existing regulatory measures and the resulting manifestations of the power rent-seeking in all aspects of government procurement.Finally,the author puts forward his own suggestions and countermeasures,focusing on the aspects of the administrative examination and approval of the purchasing agency,the construction of the administrative regulation procedure,the perfection of the administrative evasion system,the disclosure mechanism of the whole process of purchase information and the reform of the dispute relief path And provide some feasible opinions and countermeasures for the improvement of government procurement system and the regulation of power rent-seeking behavior in the view of the existing government procurement system.