Research On The Legal System Of Government Procurement Supervision In China From The Perspective Of Two-stage Theory

As the government procurement system USES financial funds,financial supervision is essential for government procurement,and the construction of a sound government procurement regulatory system is of great significance for maintaining the fairness and justice of the government procurement system and promoting the construction of a clean government.By clarifying the nature of the legal system of government procurement,it can provide a solid foundation for improving the legal system of government procurement supervision.There are many theories for the identification of nature of government procurement contract,Germany's double order theory can solve the problem of private law in the form of public power administration,based on the theory of two stages,can be more clear understanding of the legal nature of government procurement contract,our country Taiwan area at present is the nature of government procurement contract as administrative act and civil conduct.This paper,by referring to the German"double order theory",locates the government procurement behavior and discusses the legal supervision system in different behaviors.The problem of "one-size-fits-all" of the current regulatory system can be effectively solved by identifying the government procurement as administrative and civil ACTS and formulating the regulatory legal system in stages.The content of this paper is divided into five parts:the first chapter expounds the basic theory of government procurement,discusses the legal nature of government procurement and the necessity of applying the double-order theory;The second chapter introduces the current situation of the government procurement supervision system at home and abroad and analyzes the problems existing in the government procurement supervision system in China.The third chapter discusses how to use the two-stage theory to construct the supervision system from the two stages of government proecurement behavior.The fourth part puts forward some Suggestions and measures on the problems of the government procurement supervision system in China.