On Government Procurement Remedy Mechanism

With the deepening of the China's reforms and opening up, the rapidly expanding government procurement has gradually become the main model of public spending, but good performance always associate the inefficiency, irregular approval and corruption which make the so-called "Sunshine Project" under cloud. There are many factors caused the adverse impact, but the imperfection of government procurement remedy mechanism must be an important incentive.In the text, comparative analysis and normative analysis are used to discuss the legislation pattern, remedy procedure and substantive rules of government procurement. Therefore, it discourses upon it in these three aspects: the compare and analysis of the remedy mechanism of international organization and typical countries and regions, normative analysis of the legal provisions including the concrete regulations and the procedure regulations, summary of beneficial experience. Finally it gives feasibility proposal of improving China's government procurement remedy mechanism.The paper is composed of four parts: the first part discuss the concept, necessity and core principle of government procurement remedy mechanism; the second part discuss the necessity of two-phase model (the contract award and contract performance) through comparative and theoretical analysis; the third part discuss the organization establishment, scope of appeal, remedy procedure and remedy measures through comparative analysis; the last part analyzes the existing major issues of China's legal provisions of government procurement remedy mechanism and put forward improving proposal.