论政府采购投诉专业化行政裁决机制的完善——兼谈行政裁决制度的改革方向

On the Improvement of the Specialized Administrative Adjudication Mechanism for Government Procurement Complaints——Also on the Reform of the Administrative Adjudication System

现行《政府采购法》已建立行政裁决机制,但是存在投诉处理部门缺乏独立性、救济程序冗长、专业性不强、政府采购合同救济没有实现全过程覆盖等问题,完善政府采购投诉专业化行政裁决制度需要从以下方面着手,首先,依法设立政府采购争议仲裁委员会作为公益事业单位法人独立处理政府采购争议,保证投诉处理机构的客观独立性和公正性;其次,供应商不必经过采购人质疑就可以投诉,不服投诉的,可以提起民事诉讼,从而发挥裁决简便灵活优势;再次,建立仲裁专家库和收费制度,发挥裁决专业性强优势;最后,实现政府采购合同订立和履行全过程救济,发挥裁决高效率优势。

The current Government Procurement Law has established an administrative adjudication mechanism, but there are still some problems such as lack of independence of the complaint handling department,lengthy relief procedures, insufficient professionalism and failure to cover the whole process of government procurement contract relief, etc. In order to improve the professional administrative adjudication system for government procurement complaints, the following measures can be taken. Firstly, the arbitration committee for government procurement disputes should be established according to the law as a legal person of public welfare institutions to independently handle government procurement disputes to ensure the objective independence and impartiality of complaint-handling institutions. Secondly, suppliers can complain without being questioned by the purchaser. If they refuse to accept the complaint, they can file a civil lawsuit so as to give the advantage of simple and flexible adjudication. Thirdly, arbitration expert databases and charging system are set up to take full advantage of professional adjudication. Finally, government procurement contracts should be concluded and performance of the whole process of relief should be realized to give full play to the advantages of efficient adjudication.