Legal Analysis For Supplier’s Rights Remedy Mechanism In Our Government Procurement

With the development of our government procurement system, more and more people take attention to the supplier’s rights protection. Supplier is a important party of government procurement, which also constitutes the competitor of the contracts. In order to ensure supplier’s right remedy of our government procurement, we promulgated "Law On Government Procurement", which set up strict remedy procedure and three-dimensional supervision system from government department to all walks of the social. But the effect is not very satisfactory in practice. So how to protect the supplier’s remedy rights in the government procurement has become an important research topic of our government procurement system.This article takes GREEN Company’s " abandoned tender case" as example, using logical reasoning and inductive analysis method, discusses the supplier’s rights remedy mechanism of government procurement. This article consists of three chapters.The first chapter, including the case’s profile and the central issue, first introduces the specific case of the GREEN Company’s " abandoned tender case", and leads to the problem in supplier’s rights remedy of our government procurement through analysis of the specific case.The second chapter, through analyzing the methods of supplier’s rights remedy such as question,complaints, administrative review, administrative litigation and administrative relief, points the legislation defects in supplier’s rights remedy mechanism of our government procurement. According o the supplier’s remedy rights which divided into administrative relief rights and civil remedy, the author mostly discusses the supplier’s remedy mechanism on the administrative remedy in supplier this content in view of this case. Chapter Three is the key point of this article, which puts forward some advice on the supplier’s remedy mechanism legislation of our government procurement.