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The Improvement Of The Legal System Of Government Procurement Under The Background Of "administrative Reform Of China"

Posted on:2021-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:M Z HuFull Text:PDF
GTID:2416330611460634Subject:legal
Abstract/Summary:PDF Full Text Request
It has been nearly five years since the implementation of the "administrative reform of China" reform.During this period,in order to simplify administration and delegate power,improve the efficiency of resource allocation,greatly reduce the administrative approval and qualification permission.In order to realize the combination of deregulation and management,and maintain the fair competition order in the market,we have innovated the "double random and one open" based method,combined with the in-process and post event supervision methods of credit supervision and key supervision,to promote service optimization To build a service-oriented government has promoted the integration of modern information technology into government services and optimized the government service platform.In the process of following up the reform of "administrative reform of China",the government procurement system of our country has standardized and refined the outstanding issues in the government procurement law which are inconsistent with the reform concept of "administrative reform of China".In 2018,through the "deepening the reform plan of government procurement system",it proposed the establishment of modern government procurement system,such as "clear responsibilities,sound supervision mechanism,and perfect legal system" Set goals.With the deepening of the reform,the contradiction between the current government procurement law and its practice and the reform is increasingly obvious,which needs to be improved under the guidance of the reform concept.The main content of this paper consists of three parts.The first part analyzes the connotation of the reform concept of "administrative reform of China",the core of which is to promote the reform methods ofsimplifying administration and delegating power,combining deregulation with management,and optimizing service,so as to achieve the reform goals of improving resource allocation efficiency,maintaining fair competition environment and building a service-oriented government.On this basis,the paper puts forward the specific requirements of the reform of "deregulation services" for the improvement of the legal system of government procurement in China,mainly including the deregulation of purchasers,the strengthening of the main responsibility of purchasers,the improvement of the regulatory system guided by results and the creation of a convenient environment for suppliers.Finally,by combing the evolution practice of the current government procurement system in the process of "administrative reform of China" reform,the paper puts forward the reform path of improving the government procurement law in China from the perspective of "administrative reform of China".The second part discusses that the current government procurement law does not adapt to the "administrative reform of China" reform.In the aspect of streamlining administration and delegating power,the human rights and responsibilities of procurement are unclear.Due to the long-term lack of the principal position of the purchaser,the long-term decentralized exercise of the procurement right results in the absence of the principal responsibility of the purchaser,and the inefficient use of financial funds.In the aspect of combination of release and management,it focuses on in-process procedure supervision.When the procurement procedure is strictly implemented,the procurement responsibility is difficult to be investigated because it is not linked to the procurement result,and lacks of supervision effect.In the aspect of optimizing service,there is a lack of service specification.Due to the lack of service awareness of purchasers and the incomplete function of procurement service platform,suppliers are faced with many inconveniences and lack of service efficiency whenparticipating in procurement activities.The third part puts forward the concrete measures to improve the legal system of government procurement to meet the requirements of the reform.In terms of "release",it is necessary to determine the power of the purchaser to determine the winning bidder,strengthen the main responsibility of the purchaser's procurement demand and performance acceptance,and clarify the power and responsibility of the purchaser;in terms of "management",it is necessary to reduce procurement approval matters,strengthen the application of performance management in supervision and focus on supervision of procurement results,and improve the supervision system based on results;in terms of "service",it is necessary to enhance the service consciousness of the purchaser Accelerate the construction of service platform and reduce the purchase fees to create a convenient environment for suppliers.
Keywords/Search Tags:Administrative reform of China, Government procurement legal system, Modern government procurement
PDF Full Text Request
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