The Construct Of Specialized Administrative Referee In Government Procurement Relief Mechanism

There are many shortcomings in the design of China's current government procurement relief mechanism.These system defects lead to the government procurement relief mechanism deviating from the fairness,timeliness and specialization requirements of procurement dispute resolution,which leads to the practical dilemma of government procurement relief mechanism.Seeking a system defect that can correct the government procurement relief mechanism,enhance the government procurement dispute resolution justice,timeliness and specialization to improve the government procurement relief mechanism,it is necessary to establish a modern government procurement system,and the special administrative judgment system characteristics and institutional advantages determine that it can be an alternative.From the analysis of the institutional advantages of the special administrative referee,it can be known that the introduction of special administrative judgments in the government procurement relief mechanism can correct the system defects of the government procurement relief mechanism and meet the requirements of the WTO "Government Procurement Agreement".It has certain necessity from the rule of law.Starting from the theory,combined with the government procurement legal system and government procurement practice analysis,we can see that the government procurement remedy mechanism has a theoretical basis and a normative basis for the introduction of special administrative judgments,which has certain feasibility.The introduction of specialized administrative referees in the government procurement relief mechanism needs to internalize the special administrative adjudication system into the government procurement relief mechanism,that is,to construct a government procurement special administrative referee relief mechanism.Combining with the inherent needs of procurement dispute resolution and accelerating the process of joining the WTO "Government Procurement Agreement" process,the government procurement special administrative referee relief mechanism is initially constructed from the three aspects of relief subject,relief order and relief scope,which can basically meet the special administrative referee The purpose of introducing in the government procurement relief mechanism.