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The Research Of The Management Of The Government Contract

Posted on:2019-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2416330548475272Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The bureaucracy's drawbacks are appearing in the course from the regulating government to the service-type government,which make the government devote itself to optimize the administrative functions.With the private law contracts' advantages appearing in the regulating social relations,government contract becomes an instrument of government governance.And the regulations about the management of the government contract passed in the different regions in the last couple of years to regulate their management behaviors.But there are lots of problems in effect and the management effect is not in a great condition.After analyzing the status quo of the current management of the government contract,the author think the extent of the management standardization not only makes a difference to the administration,but also becomes a key to make government contract full effect.More than that,it has a great significance in the preventing risk of the management of government contract and quality of public services.So the author will analyze the status quo that aiming thinking and question thinking are put on the top in the management ideas,and there are similarities and differences in the article structure,and there are achievements and problems in effect at first,and then we can know that besides the legislation and the article structure of the regulations about the management of the government contract being in lack of standardization,there are still many issues in effect because of the management of the government contract,for example,the governors' powers is ambiguous,the procedure about the signing and examining contract is in confusion,and the archive keeping is in the disorder in effect.More than that,there are extra issues that are not on the basic of the regulations,such as rent-seeking,adverse selection and high administrative costs.After analyzing the question of the management of the government contract,the author knows the reasons about the management of the government contract are not simple.Suffering from the influence of the bureaucracy,administrative subcontract and thinking of the rational economic man,the high-interesting management thinking is the one of the reasons.The absence of legislation and the nonlegal mode control should not be ignored,especially the executive agreement is suffered from the political control,and the administrative contract is controlled in the government purpose,and the civil legal act is subject to the power.Meanwhile,we must know the current management in an unsound system is also a reason,such as the partial procedure and examining contract being in confusion,the archive keeping being in the disorder,and the unreason performance evaluation.Under the influence of these reasons,the current management of the government contract have gone off the anticipated track,and departed from the aim that the administrative functions are optimized.So we will clear and reiterate the aim that the management of the government contract is in order to optimize the administrative functions again.And then,we can make use of the Max Weber's theory about of unifying value rationality to show us the direction of the management of the government contract.So we will use a management system about the legal control mode being in the center and the performance evaluation helping that,and make a reasonable regulation that is well in the legislative intent,application scope,subject of application,management main body,management course about the format text and the contract,archive keeping,validity of contract,supervision,and solving ways.Finally we can achieve the aim that the bureaucracy's drawbacks are solved so that the management of the government contract is operating well in the legal controlling way,and the government contract plays a well role in government governance,and government execution is moved in a standardization direction,so the administrative functions are optimized.
Keywords/Search Tags:Government contract, Management, Legal control, Performance evaluation
PDF Full Text Request
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