Real Dilemma of Government Procurement Law and Its Solution under Civil Law Thinking:A Perspective of the New Administrative Law Theory
China's government procurement legislation is deeply influenced by civil law,following the principles of its value objectives,adherence to principles,legislative procedures,and relief paths.Although it has some historical rationality,it is the root cause for challenges in terms of conflicting values between market freedom and social fairness in government procurement laws,provisions regarding the qualifications of parties involved being neglected,insufficient protection for social welfare in the procurement market,and lack of clarity on the responsibilities of procuring entities.From the perspective of new administrative law theory,redefining government procurement behavior as state financial expenditure not only helps meet the need for public law control over state financial expenditure rights but also effectively enhances the efficiency of pro-viding high-quality public products.Therefore,revising the"Government Procurement Law"should make use of resources from new administrative law theory to comprehensively expand procurers'autonomy in decision-making processes,refine budget performance management for government procurement and promote a balance between protecting public interests and promoting market freedom.
Government Procurement Lawcivil law thinkingnew administrative lawfiscal expenditure behavior
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