Identification And Legal Governance Of "Associated Transactions" Behavior In Public Resource Transactions

The reform of the public resource transaction system is an important reform measure for the central government to promote the decentralization of power in the central government since the 18th National Congress.It is related to the operation of public resources and the integration and distribution of public property required for public production,life and development.Therefore,in addition to how to continue to promote the reform of the public resource transaction system,improving the administrative supervision and legal governance system in the field of public resource transactions has become a frontier issue of current theoretical and practical circles of administrative law.Among them,the "related transaction" behavior in public resource transactions is a common and urgent problem to be solved in the field of public resource transactions.In the process of public resource transactions,the beading,stringing,accompaniment,and the relationship between the owner's personnel and the supplier's interests,and the supplier's and agency's interests are not uncommon.At present,although some provinces and cities have introduced local legal norms and documents such as management methods,transaction catalogues,and expert database management methods with local characteristics,most provinces and cities involve specific areas of public resource transactions,especially public.There are few legal norms governing the field of "related transactions" in resource transactions,and it needs to be promoted through adequate administrative law theory and practice research.The first chapter of this paper gives an overview of the "related transactionsf" behavior in public resource transactions.From the perspective of law,it defines the meaning of public resource transactions,and analyzes the causes and harms of "related transactions" in public resource transactions from the aspects of institutional mechanism and social reasons.Understand the development trend of the problem from the research status at home and abroad.The second chapter focuses on the identification and criteria of"related transactions" in public resource transactions.Through the definition and analysis of the related transactions in the relevant research fields,the concept,identification criteria and legal attributes of "related transactions" in the context of public resources are obtained.The third chapter explores how to correctly classify the main types of "related transactions" in public resource transactions.At present,the types of "related transactions" in public resource transactions are probably:"linked transactions" between bidders,"related transactions"between bidders and bidders,bidders and agencies or bid evaluation experts.And the "associated transaction" between the tenderer and the agency or the bid evaluation expert.The fourth chapter discusses the current status and reflection of the governance of "related transactions" in public resource transactions in China from the aspects of decentralized legislation,normative provisions of existing laws,regulatory objects,and regulatory systems.The fifth chapter studies how to realize the rule of law supervision effect on the "related transaction" behavior in public resource transactions.The author will elaborate the legal governance of "related transactions" in public resource transactions by constructing a unified and standardized legal governance rule system,clarifying the responsibilities of the regulatory authorities,and improving the regulatory system.