| Government procurement is a typical representative of administrative organs participating in the operation of market economy.Sometimes in order to achieve special policy objectives or power rent-seeking,the purchaser may inevitably touch the defense line of fair competition in the process of continuous integration with the market,and administrative monopoly in the field of government procurement arises.Administrative monopoly has always been a stubborn disease in the process of anti-monopoly law enforcement in China,and the governance of administrative monopoly in the field of government procurement is lack of systematic regulation system.Starting from the particularity of administrative monopoly in the field of government procurement,this paper analyzes its regulation difficulties in the application of law,fair competition review and accountability,so as to maintain the order of fair competition in the market Put forward specific regulatory suggestions for the purpose of implementing antimonopoly law enforcement.This paper is divided into the following four parts:The first part is the introduction,including research background and significance,literature review,research methods and innovations.The second part is the overview of government procurement.On the one hand,this paper clearly puts forward that government procurement is a frequent field of administrative monopoly,and discusses the particularity of administrative monopoly in the field of government procurement compared with other fields;On the other hand,the harmfulness of administrative monopoly as a deep-rooted and difficult to regulate monopoly behavior in the field of government procurement deserves attention.It not only damages the suppliers’ right to fair competition,but also destroys the unified and open procurement market.The third part is the dilemma faced by the legal regulation of administrative monopoly in the field of government procurement.Firstly,this paper discusses the coordination between the anti-monopoly law and the government procurement law,focusing on whether the administrative monopoly in the field of government procurement can be regulated by the anti-monopoly law,and the coexistence of law enforcement agencies under dual regulation;Secondly,it analyzes the obstacles to the implementation of fair competition review system in the field of government procurement,including review subject,review object and review standard;Finally,this paper discusses the virtual accountability of administrative monopoly in the field of government procurement.The fourth part is to refine the review of government procurement channels and improve the legal accountability mechanism in the field of fair competition,including the implementation of the above-mentioned review of government procurement channels,and put forward suggestions on the implementation of the concept of fair competition and accountability in the field of government procurement. |
