政府采购合同的法律调整

The Legal Adjustment of the Government Procurement Contract

政府采购合同是市场经济条件下政府取得物质基础 ,实现管理经济生活职能的基本法律形式。它与一定的市场主体 ,国家和社会有着密切的联系 ,有民事合同的平等要求 ,更有它自身的主体特殊性、目的公共性、资金财政性等特点。因此被规范于经济法体系中。但因其公、私法交织的特性 ,所及法律关系必然接受合同法、政府采购法等法律规范的共同调整。

The government procurement contract is basic legal form for the government to obtain material foundation and realize the function of managing economic livings under the conditions of market economy.It maintains close links with certain market bodies,state and society.The government procurement contract is required to meet the requirement of equality as civil contract does.Besides,the particularity of subjects,the public aims,and the financial capitals,all these have constituted its own special characters.Therefore,The government procurement contract has been attributed to economic law system.because of its character influenced by both public law and private law,its legal relations should be adjusted by both contract law and the government procurement law.