Research On Legislation Of Public Resource Transaction

The central topic of this article is to explore how to legislate public resource transactions from the perspective of legislative content,that is,the legal framework structure and specific rules of the Public Resource Transaction Law.This topic is a further study on the issue of "raising the legislative level".Since the 1980 s,various decentralized public resource trading platforms have emerged.With the improvement of the platform and institutional changes,a situation has arisen in which government procurement,engineering bidding,property rights transactions,land transfers,mining rights transfers,industry laws,the Interim Measures for the Management of Public Resource Trading Platforms,and local-level management measures are jointly managed.As of September 2019,a total of 125 prefecture-level cities,regions and autonomous prefectures have formulated and implemented trial or interim management measures.However,there is no uniform public resource transaction law in such complicated laws and regulations,so legal scholars have proposed "legislation on public resource transactions."The innovation of the article lies in the framework structure and specific content of the Public Resources Trading Law.According to the idea of "finding problems-analyzing problems-solving problems",based on the analysis of the current laws and regulations of public resource transactions,summarize the problems,and combine the "Legislative Law" and the theoretical basis of legislation to explore the framework and structure of public resource transaction legislation.Specific content,improve the public resource trading system.There are four problems in the current laws and regulations on public resource transactions in China: First of all,from the perspective of the entire system,the public resource trading system is not sound.First,the legislative level is low and the framework is not comprehensive enough.Linkages and conflicts between WTO Government Procurement Agreements;Secondly,the current laws and regulations on public resource transactions have different definitions of the basic concepts such as the concept and scope of public resources,basic principles,and transaction directories;In addition,there are loopholes in supervision regulations,which are specifically manifested in five problems: overlapping management functions,gaps in supervision resulting from two-way supervision,vacancy of accountability,lack of prohibitive regulations,and unification of institutional mechanisms;Finally,the problem of inadequate relief channels for public resource transactions.The above issues affect the supervision of public resource transactions.Therefore,in accordance with the content of existing laws and regulations,the "Public Resources Transaction Law" was formulated to clearly resolve the above issues and conflicts.The article considers that the "Public Resource Transaction Law" is a law focusing on procedural law and taking into account substantive law,a law that belongs to both organizational law and behavior law,and is a law focusing on supervision law and taking into account transactions Law of law.Comprehensive legislation in the field of public resource transactions,determining the legislative name and legal framework,and integrating the "Government Procurement Law" and "Tendering and Bidding Law" into one law,leaving an interface for China to join the "Government Procurement Agreement",forming a "public resource transaction The Law is a complete system,supplemented by various industry laws and local regulations,supplemented by international law.As for the content of specific rules,the legislation of public resource transactions needs to define the basic concepts of public resource transactions in the general provisions,and clarify the scope of legal adjustment,the concept of public resources,the legislative purpose,basic principles,and the catalog of public resource transactions.The sub-section should expand the regulations for the supervision of public resource transactions:The first is to clarify the regulatory agencies and responsibilities,and set up a public resource transaction management committee as a full-time supervisor,responsible for the unified leadership of the construction and management of the public resource transaction market;The second is to introduce social supervision of public resource transactions,improve the social supervision participation mechanism,and ensure public participation in supervision from the institutional level;The third is to clarify the accountability of public resource transactions,make more detailed accountability and punish appropriate provisions,strengthen the connection with the Criminal Law,and establish a strict accountability mechanism;The fourth is to clarify the prohibition regulations of various entities,including the prohibition regulations of regulators,trading platform staff,platform service operating agencies and other entities in the process of public resource transactions,further enhancing the operability of the Public Resource Transaction Law;Fifth,it is a unified system and mechanism.The public resource transaction management agency should be a state administrative agency that can use public power to supervise public resource transactions.Finally,the public resource transaction law sub-section should also improve public resource transaction relief channels,protect the rights of third parties,and include government procurement contract disputes in public resource transactions into the scope of administrative litigation.