Study On The Parties In Government Procurement

Government procurement is an important part of the public finance and also an effective measure to enhance the financial expenditure management. It involves government agencies of all levels, public institutions and organizations in their purchase of goods, services, and engineering projects in use of fiscal funds. The behavior has affections on the whole society and a vast number of suppliers that want to be important members for interests in government procurement. It is also engaged in enterprises and citizens connected with production and management that are closely related. Government procurement is also a transparent and fair way of commercial activities and today many countries and international organizations has formed a set of operating procedures and institutional rules. Our government procurement law is also developing in the reference of the prevailing international practice, and based on our practical and economical conditions at the same time. Since January 1st,2003, The Law of Government Procurement of The Peoples Republic of China had been put into practice, it realized the implementation of standardized behavior of government procurement and improve efficiency in the use of government procurement funds and safeguard the national interests and the legitimate rights of the members in social effectively.But in practice, the operation of non-standard, the lack of implementation details and so on leads to the emerging of controversies and disputes in procurement, I will discuss some aspects in the system in this article in order to make a gradual improvement to meet the developing needs of economic and society.This paper is divided into four parts, the first part, briefly introduced the parties in the system of government procurement. First of all, the brief introduction of the government procurement system, including the concepts, definitions; the system of government procurement in our country and the development process. And then the government procurement provisions of the three parties in the system with the specific instructions related to our practices. The second part, a comprehensive exposition in analysis. To discuss the party of procurement which include the government and concerning organizations. The concept, the rules in the law and the actual conditions now with disadvantages. Then introduced the international experience which should be used in forming our rules on this aspect. For the main purposes of discussion in procurement focused on the scope of its application, in particular, the use of funds in procurement of state-owned enterprises and state-holding enterprises issuesThe third part, main suppliers/or providers in the system. Specially the legislations that are not perfect in the law. Introduce the rules about the rights which is unfair to the suppliers. Then the concerning theory of other countries. Finally,to lay out what should we do on the relief and legislations of the suppliers. For suppliers which should be focused on the protection of their rights and interests, such as the eligibility of the reasonable and fair position, the main conflict of laws, etc.The fourth part is about procurement agencies, including their respective legislation and the implementation process in the performance and actual operation. The procurement agency of the discussion is focused on the centralized procurement agency of the status and practices. In this part, firstly introduced the concept and outline of the two kinds of agencies in our country, and then their shortcomings in running. Following the international advantages that can be used in our system. Finally the method we should take in this field.