政府采购法和招标投标法协调适用研究

Research on the Coordinated Application of the Government Procurement Law and the Tendering and Bidding Law

政府采购作为市场竞争机制与财政支出管理的有机结合是现代市场经济发展的产物。改革开放,使我国的经济发展模式由计划经济向市场经济转变,我国的财政政策也随之产生了与时俱进的变化,比如从重视财政收入管理逐渐向重视财政支出管理转变,政府采购就是财政支出管理中的一项重要组成部分。80年代初以来,我国先后在众多领域推行招标投标制度,并且随着时代发展的需要相继出台了《中华人民共和国招标投标法》和《中华人民共和国政府采购法》,经过二十多年的改革发展,我国已经基本建立起了以政府采购法和招标投标法为主体,以实施条例、部门规章以及众多地方性法规为补充的政府采购法制,与此同时,两种法律体系并行所带来的内在冲突和矛盾也日益彰显。

Government procurement, as an organic combination of market competition mechanism and fiscal expenditure management, is a product of the development of modern market economy. Reform and opening up have changed China’s economic development model from a planned economy to a market economy, and China’s fiscal policy has also undergone changes that keep pace with the times, such as the gradual change from attaching importance to the management of fiscal revenue to attaching importance to the management of fiscal expenditures, and government procurement is an important component of the management of fiscal expenditures. Since the early 80s, China has successively implemented the bidding system in many fields. And with the needs of the development of the times, “Government Procurement Act” and “Tendering and Bidding Law” have been promulgated one after another. After 20 years of reform and development, China has basically established a government procurement legal system with the Government Procurement Law and the Bidding and Bidding Law as the main body, supplemented by implementing regulations, departmental rules, and many local regulations, at the same time, the internal conflicts arising from the parallel operation of the two legal systems have become increasingly prominent.