Research On My Country's Government Procurement Relief Mechanism

Optimize the business environment and stimulate the high-quality and high-speed development of the domestic economy to become the mainstream.The "Notice on Promoting Fair Competition in Government Procurement and Optimizing the Business Environment" issued by the Ministry of Finance on July 26,2019(Caiku [2019] No.38)clearly put forward requirements: In order to build a unified,open and orderly government procurement The market system must comprehensively clean up all regulations and related practices that hinder fair competition in the field of government procurement,and it is necessary to improve the mechanism of challenge complaints and administrative rulings in government procurement activities.In the current era of China’s active integration into the international government procurement market,the rational setting and stable operation of the government procurement relief mechanism is an important part of building a fair government procurement business environment,and it is also a test of whether it can effectively restrain the discretion of the procurement body.A standard.This article is mainly divided into three parts.The first part is mainly to explain the problems in the operation of China’s current government procurement relief mechanism.The first is the lack of independence of the leading agencies in relief: due to various reasons such as the state of the country when the law was formulated,The relief leading department is questioning that the independence of the complaint review department cannot be guaranteed,so it is difficult to guarantee the fairness of the decision of the relief department.Secondly,the relief process is rigid: there are many relief processes,but some processes have no practical significance in the relief.There is a certain conflict in international rules,which increases the cost of supplier rights protection to a certain extent and reduces the supplier’s confidence in the government procurement market.Thirdly,the scope of relief review is relatively vague: due to the imperfection of legal provisions,various aspects of relief The review scope of the review department at the stage is inconsistent,which makes it difficult for suppliers to safeguard their rights.Finally,the arbitrariness of the application of the suspension of the procurement system: The suspension of procurement was originally a protective measure to protect the legitimate rights and interests of suppliers,but due to vague legal provisions,the application of this measure has great subjectivity in practice,and at the same time The application of the suspension of procurement measures is not even available,which is not conducive to the protection of the legitimate rights and interests of the supplier during the rights protection period;these issues are obstacles encountered by the supplier in the process of applying for relief,which also makes the supplier’s own potential business Benefits cannot be effectively maintained.The second part is to analyze the relevant provisions of the domestic relief mechanism of government procurement in the United States and Japan,which are the participating countries of the GPA agreement,in view of the above issues.The third part is the opportunity of China ’s upcoming revision of the “Government Procurement Law”,combining the foundation of China ’s current relief mechanism,learning the spirit of the GPA agreement,and learning from the practices of the United States and Japan,where government procurement markets are more developed,The legal basis for the design of the relief mechanism in the revision of the Government Procurement Law and specific practices put forward operational recommendations.