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On government procurement suppliers right to relief

Author: ZhongMou
Tutor: HuangYong
School: University of Foreign Trade and Economic
Course: International Law
Keywords: Government procurement Supplier Right to relief Suppliers right to relief
CLC: D922.2
Type: Master's thesis
Year: 2006
Downloads: 398
Quote: 4
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Abstract


As China's government procurement system continues to evolve, the supplier's right to protection problem is getting people's attention. In government procurement, is one of the main suppliers, competitors are procurement contracts, procurement contracts are awarded fairly, whether the procedures of procurement contracts entered into legal and contractual conditions are fair, etc., are directly related to the vital interests of the supplier. Rights in government procurement supplier harmed provide effective remedies, become perfecting the government procurement system facing an important research topic. This paper briefly introduces the concept of the government procurement system and its characteristics, and is based on the government procurement system characteristics proposed the establishment of the right to relief system suppliers need. Secondly, this article on the right relief system suppliers produce, systems definition, vendor defined, the primary objective of establishing the system and the system, including the specific rights and legal remedies with respect to the system of a full range of theoretical discussion. Third, the paper also describes and analyzes through the United States, the EU, Japan, Taiwan, China and the WTO government procurement suppliers existing relief system in order to improve the system for our country to provide relevant reference. Finally, the aforementioned theoretical analysis as well as national and regional legislative investigation, the paper on China's government procurement has established the right supplier relief system, analyzed that in question, complaint, administrative reconsideration and administrative litigation program design, administrative reconsideration and administrative proceedings relationships and establish a government compensation mechanism and other aspects of system design unreasonable. In response to these deficiencies, the author puts forward his own proposal that complement and complete questioning institutions, scope and principles, to broaden the scope of judicial review, a clear administrative reconsideration organ, giving suppliers the right to propose temporary relief measures and so on. In short, I believe in government procurement should pay particular attention to the protection of the rights of suppliers and strengthen the supervision of government procurement practices, government procurement system so that it can maintain an open, fair and impartial manner. Supplier's right to relief system is not only to safeguard the rights of suppliers, more importantly, by encouraging activism security vendor to achieve the objective of government procurement to ensure realization of public interest.

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