我国政府采购典型问题透视与因应研究——以北京现代沃尔公司诉财政部案为例

The Research on the Perspective on Typical Problems of Government Procurement to Deal with in China ——A Case Of Beijing Modern Wall Company v. Finance Department

北京现代沃尔公司诉财政部政府采购案因其采购金额之大、历时之长、被告级别之高,被称为我国"政府采购第一案"而备受各界关切。用实证与理论的视角,透视其体现的共性矛盾作为政府采购的典型问题并加以分析,对我国政府采购监管体系与机制的完善、政府采购法制的发展有现实意义。政府采购典型问题的应对包括四个方面:即政府采购价格应以公允价值为参照低于市场平均价;为供应商的异议和申诉提供保障;衔接两法的分歧,合理分配监管权力;构建采购、监管、投诉机构的制衡机制。

The case of Beijing modern wall company v Finance Department procurement which is referred to as the biggest ＂government procurement＂ case in China has received the attention of society, because its purchasing amount is extremely big, and it has experienced a long time, whose level of the defendant is high. Using examples and the theoretical perspective, we can see through the problem of which embodies the common contradiction, as a typical problem of government procurement to deal with it, that is a practical significance of the perfection of our country＇s government procurement supervision system or mechanism and the development of the government procurement legal system. Coping with the typical problems of government procurement ineludes the following four aspects ： government procurement prices should be lower than the market average price based on fair value ; providing protection for the Suppliers to express their dissent and complaints ; linking the two laws and rational assigning the authority of regulatory; constructing the balance mechanism between procurement, supervision and complaint agency.