On the Connection between Administrative Adjudication of Government Procurement and Judicial Adjudication Procedure
The administrative adjudication of government procurement has been piloted to deal with government procurement complaints.With the help of the supervision and management function of the financial department,various disputes in government procurement have been well resolved.Under the current legal system,administrative reconsideration and administrative litigation can be brought against administrative adjudication decision,which makes the adjudication body face the situation of being reviewed by judicial organs,which is inconsistent with the design of administrative adjudication mechanism that the adjudication body does not become the object of judicial review under normal circumstances.In order to give full play to the function of administrative adjudication of government procurement,it is necessary to define the function of administrative adjudication mechanism of government procurement as the procedure for dealing with disputes over the conclusion and performance of government procurement contracts among equal subjects,improve its mediation,deal with damages disputes and other functions,gradually towards the direction of quasi-judicial reform,and complete the direct connection between the administrative adjudication procedure of government procurement and the judicial adjudication procedure.Distinguish the supervision and inspection functions of government procurement,the handling of public tip-offs and complaints related to administrative legitimacy and administrative punishment from administrative adjudication,cancel the administrative reconsideration after the administrative adjudication,do not take the administrative adjudication body as the defendant of the judicial procedure,give priority to the civil litigation procedure to deal with the litigation against the administrative decision of government procurement,extend the time limit of the administrative adjudication procedure,and make the administrative procedure decision enforceable to promote the professionalism and authority of administrative adjudication of government procurement.
Government ProcurementAdministrative AdjudicationComplaint HandlingDispute Resolution
万方数据
维普
