A Comparative Study Of ’Cross-straits’ Relief Mechanisms In Government Procurement Law

Government Procurement is the purchasing behavior of government orits agent at a status of consumer. In particular, it refers to thepurchasing of goods, projects or services on behalf of a public authorityat any level, using the national financial funds or public borrowing fordaily affairs or for the purpose of public services. Governmentprocurement refers not only to a specific procurement process, but alsocollectively to the purchasing policy, purchasing procedures, purchasingprocess, and purchasing management. It is a management system for publicprocurement. Therefore, a complete and reasonable government procurementsystem plays a very important role in the effective utilization of publicresources and the improvement of fund use, and thus is an important partof financial expenditure management system. However, with the continuousdevelopment of government procurement market, and the expansion of thescale of government procurement, disputes and infringements as well asblack-box operation in the government procurement become unavoidable. Toregulate the government procurement activities, inhibit corruption in theprocurement, promote the construction of national integrity, and achievesocial harmony, it is objectively necessary to build a sound relief systemof government procurement to resolve the disputes therein. If the problemsappeared in the process of government procurement were unable to getrelief in a timely manner, the rights and interests of the suppliers willundoubtedly suffer heavy damage, which is harmful to the smoothdevelopment of government procurement. Therefore, the relief system ofgovernment procurement is the key of the whole procurement law, and theestablishment of a complete and highly effective relief system ofgovernment procurement becomes vitally important.This thesis mainly study the Relief System in the GovernmentProcurement Law of Mainland China and Taiwan area. Although theprocurement law of mainland government still has many problems, it is fullof Chinese characteristics. The government procurement relief system ofthe two areas are different and with distinctive characteristics, and thus the mutual learning of the two areas with the same root has positive andrealistic meaning for the improvement of the government procurementrelief system of the two areas. Therefore, the comparative study of thisthesis upon the relief system of the government procurement of the twoareas has its importance and necessity. In comparisons, new problems areeasily discovered and solved, improvements can be made to the procurementlaw, and disputes in the procurement process can thus be avoided moreeffectively.