Study On The Enforcement Of The Government Procurement Lawin Tobacco Industry

"Government Procurement Law" has macro-control,social standards,both procedural and substantive law and other characteristics.China's tobacco industry belongs to the national monopoly industries,production,research,supply,marketing are within the national plan management,and half of the tobacco industry's main responsibilities belong to the Administrative Department,and the other half is part of the production enterprises.The tobacco industry has always been the pursuit of national interests as the value of the industry,which is compliance with the Government procurement law society standard features,and these characteristics also determine that the procurement of tobacco industry in China must comply with the provisions of the law.On December 31,2012,to standardize the procurement behavior,and strengthen the management and oversight of material,engineering and services,the tobacco industryissued the "Tobacco Industry Procurement Regulations"(Tobacco Office[2012]No.313,hereinafter referred to as 313 Text,which basis is "Government of the People's Republic of China Procurement Law." Since then,the procurement of tobacco industry has been implemented in accordance with the provisions of the "Government Procurement Law",but the tobacco industry's social role,organizational structure,value pursuit and Significant differences with government agenciesresulted in some potential conflict of the "Government Procurement Law" in practice of specific procurement andbroughtaboutsome certain legal risk.From the development purpose,principles and methods of the "government procurement law",special rights are not given to the Tobacco industry procurement.In the practice of government procurement law,the tobacco industry must combine the characteristics and needs of the tobacco industry to carry out flexible use of the reform method,and theyshould both limitthe procurement activitiesto the scope of legal regulationstrictly,and provide efficient economic material securityfor the tobacco industry development furthest.At the same time,in the course of practice,roblems of the law in the operation of the tobacco industry procurement system,so that the buyers bear some risks.The ultimate is to give summary how to use the decentralized and centralized purchasing model in the practice of purchasing tobacco industry nearly three years,how to use public bidding,inviting bidding,inquiry,competitive negotiation,single source legal procurement,and ensurethe accommodation between The efficiency,diversity,economy of purchasing in the tobacco industry and legal,procedural and fair competition of Government Procurement Law to realize the sustainable and stable development of tobacco industry.Because the tobacco industry in foreign countries is very different from our country in the system,organization structure and so on,it is in the tobacco industryIn the procurement work,there is no similar practice to our country.This article is widely referred to the relevant research results and literature.It is mainly based on the existing laws and regulatings related to government procurement,and the tobacco industry procurement projects that I personally participated in.The practice of the tobacco industry in the purchasing process is discussed and analyzed from the aspects of system and law.The legal issues arising from the government procurement law are used to find the specific materials and clothing of the tobacco industry.In the process of business and engineering procurement,it is a win-win path for the law.