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The Nature Of Government Procurement Contract And Relief Mechanism Researchy

Posted on:2020-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y H MaFull Text:PDF
GTID:2416330596473839Subject:legal
Abstract/Summary:PDF Full Text Request
The government procurement system is an important component of the government public finance management system,and the government procurement contract is the core of the government procurement system and the means adopted by the government to achieve the purpose of procurement.The improvement of this means will play an important role in the improvement of the efficiency of public resources utilization,the standardization of government administrative behavior,the maintenance of the legitimate rights and interests of suppliers,and the strengthening of clean government construction,etc.Function.With the rapid development of China’s economy and the improvement of the rule of law,especially with the establishment of a service-oriented government and the accession to the World Trade Organization,the government procurement system has made considerable progress since the Decision on Several Major Issues Concerning the Construction of a Socialist Harmonious Society,adopted at the Sixth Plenary Session of the 16 th Central Committee of the CPC in 2006.However,due to the late start of government procurement,the inconsistency of relevant theories,the imperfection of the system and the imperfection of the legislative system,problems occur frequently in practice.Government procurement is actually a means by which the government uses commercial mechanism to accomplish administrative or management purposes.In the market economy,the transaction between the government and the market buyer and seller can only determine the rights and obligations of both parties by contract.In fact,government procurement is a process of making and fulfilling government procurement contracts.The focus of law on government procurement system is also on government procurement contracts.The positioning of the legal nature of government procurement contract undoubtedly has decisive guiding significance for the construction of the whole government procurement contract system and the application of basic legal rules.The nature of government procurement contract directly decides how to remedy the parties.This paper focuses on the nature ofgovernment procurement contracts and related legal remedies,which are divided into the following four parts:The first part is an overview of government procurement contract and relief.Firstly,it introduces the concept of government procurement,the meaning and particularity of government procurement contract.Government procurement is an administrative act of administrative organs to mobilize state financial funds to perform their functions in accordance with relevant laws and regulations.Government procurement contract is the final product of the whole process of government procurement and is the determination of the rights and obligations of both parties.The agreement on other details is characterized by the particularity of the subject,source of funds and purpose of the contract compared with the ordinary civil contract.In order to reveal its characteristics of both civil and administrative legal relations,these characteristics lead to the ambiguity of its nature.Then,the meaning and importance of relief mechanism are discussed.Based on the analysis of the relationship between nature and relief and the influence of vague nature of government procurement contract on relief in practice,it is concluded that nature determines the form,means and effect of relief.On the basis of clarifying the basic concepts,the author finds that the nature of government procurement contract is not clear,which leads to problems in the relief of government procurement contract.The second part is the analysis of the existing theory.Nowadays,the theoretical circles have three theories about the definition of government procurement contracts,namely “civil contract theory”,“administrative contract theory” and “mixed contract theory”,and on this basis,the German double-order is applied.The theory,the definition of the legal nature of government procurement contracts,can not only achieve theoretical logical self-consistency,but also meet the practical needs of legal relief for government procurement contracts.The third part is the extraterritorial investigation of the nature and relief of government procurement contract,through the investigation of the relevant provisions of government procurement contract in other countries.Find out the enlightenment that our government procurement contract can use,hope to learn useful experience through the study of extraterritorial tort law,improve the legislative construction of our country.The fourth part is for the problems found,in the case of defining thegovernment procurement contract,put forward some optimization suggestions for the legal relief of the government procurement contract in our country.I hope to promote the further development of the government procurement system,effectively regulate government power,protect the rights and interests of the parties involved in government procurement,so that the functions of government procurement can be effectively brought into play.
Keywords/Search Tags:government procurement contract, contract nature, relief mechanism
PDF Full Text Request
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