我国政府采购司法审查制度存在问题及完善

我国政府采购司法审查制度存在受案范围狭窄、起诉主体资格限制过严、判决类型单一以及回避制度缺失等问题。为此,需要准确认识政府采购的法律规制,并根据实际,以《政府采购协议》为指导,借鉴国外政府采购的成功经验,完善政府采购方面的立法,以政府采购合同为核心,确立针对政府采购司法审查的原则与规则,强化司法对政府采购合同的监督。

Problems and Countermeasures of Government Procurement Judicial Review Institution in China

In China’s government procurement judicial review, some problems exist as follows: the narrower scope of accepting and hearing a case, excessive strictness on the qualification of prosecution subject, single types of judgment and lack of an avoidance system. Hence, it is necessary to form an accurate knowledge of laws and regulations of government procurement. Furthermore, based on the reality and absorbing foreign successful experiences in government procurement, the authorities are supposed to better the legislation of government procurement with the government procurement protocols as the guidance, and establish rules and regulations of government procurement judicial review with government procurement contracts as the core and strengthen the judicial supervision of government procurement contracts.