The Coexistence And Integration Of The "Government Procurement Law" And The "Tendering And Bidding Law"

The " two laws " came into being in the period of legal empiricism and adopted a decentralized legislative model.Therefore,the government procurement law system reflects a state of decentralization and disunity,which has separated the government procurement behavior.In addition,the intervention in the administrative dominated legislative model and the restriction of legislative conditions have resulted in the differences and overlaps between the " two laws ".The differences and overlaps between the two methods run through the whole process of bidding.Based on the existing laws and regulations,this paper focuses on the differences and overlaps between the two laws in terms of scope of application,procurement mode,procurement mode,and supervision mechanism,as well as the conflicts in the application of laws.At the same time,combining with the actual cases,it analyzes that the implementation regulations of the two laws do not solve the conflicts between the two,and there are still some problems of / with the application of laws.Therefore,whether the " two laws " should be supplemented or reconstructed has become an inevitable issue to solve the problem of coexistence of the two laws.This paper is divided into four chapters.In the first chapter,the author combs the current situation,causes and disadvantages of the coexistence of " two laws ",and draws the following conclusions: the legislative system and regulatory system of "two laws " are in disorder due to the biased guiding ideology of the legislation at that time,the drive of departmental interests and the restriction of legislative conditions,the legal application and theoretical interpretation are difficult,and the relief mechanism is not perfect.In the second chapter,combing the current " two laws " in their respective fields of laws and regulations,from the perspective of theory and norms,the paper analyzes the specific differences between the two laws in the three aspects of procurement mode,procurement mode and supervision system,as well as the resulting problems.In the third chapter,based on the commonness and consistency between the two laws,the author uses the basic theory of law to analyze the intersection and coincidence of the two laws.The author finds that the two methods are consistent with value concept,So they also have the basic conditions for the integration of the two methods.In the fourth chapter,through the analysis of the first three chapters,the author thinks that there are only two ways to integrate the two laws,that is,the combinationof the two laws or the coexistence of the two laws.