Research On Supplier Legal Responsibility In Government Procurement

Government procurement plays an important role in the social and economic life of a country.A good rule of law environment is the guarantee for the healthy operation of government procurement activities.The key to the effective implementation of government procurement laws is whether the legal liability is set up reasonably.At present,China's research on the legal responsibility of government procurement is not sufficient,and it stays at the perspective of the purchaser.There is very little research on the legal liability of suppliers.As an important party to government procurement activities,the importance of improving their legal responsibilities is self-evident.Therefore,in view of the current conflicts between the suppliers of legal liability supervision,the imperfect mechanism of listing bad records,and the imperfect ways of pursuing legal liability,this paper starts with a detailed analysis of the civil,administrative and criminal responsibilities of suppliers.The financial department is the main body of supervision,the establishment of a unified national government procurement credit information platform,and the establishment of a government procurement civil public interest litigation mechanism and other creative proposals.Chapter?: It mainly explains the research purpose and the research history and current situation at home and abroad,and makes an overall evaluation of the research status.At the same time,the research ideas,research methods and possible innovations of this paper are also introduced.Chapter?:By analyzing the different theories of legal responsibility and the legal liability of suppliers,the concept of supplier legal liability in government procurement is defined.Based on this,the specific form of supplier legal liability is analyzed.At present,China has formed a comprehensive government procurement legal responsibility of civil liability,administrative responsibility and criminal responsibility.Firstly,from the analysis of the nature of government procurement contracts,on the basis of defining them as special civil contracts,the supplier's breach of contract,contracting fault and tort liability are discussed.Secondly,the administrative responsibility is divided into administrative punishment responsibility and other administrative punishment responsibility respectively.Finally,it demonstrates the necessity of the supplier's criminal legal responsibility,and discusses the way the supplier assumes criminal responsibility in an empirical analysis.Chapter?:This part mainly discusses the problems of supplier legal liability in government procurement.Through the combination of normative and empirical methods,the current norms are used to study the shortage of supplier legal liability in government procurement.Mainly from the supplier's commitment to civil legal liability,administrative legal liability,criminal legal liability.Chapter?: This section mainly discusses the suggestions for improving the legal liability of suppliers.For the problems summarized in the fourth part,we try to put forward suggestions for improving the legal liability of suppliers in government procurement: by clarifying the legal responsibility of suppliers to refuse procurement contracts and establishing government Purchasing the civil public interest litigation mechanism to improve the civil legal liability of the supplier;perfecting the administrative legal responsibility of the supplier by unified the main body of supervision,perfecting the penalty mechanism for inclusion in the list of bad behavior records,and constructing the administrative offender double penalty system of the unit supplier;To improve the criminal liability of suppliers,the author puts forward relevant suggestions from the two aspects of improving the criminal liability of suppliers and the double penalty system for suppliers of sound units.