Authorities sell rail system is a new topic in the category of administrative law, the rail system is refers to the state organs, business unit and group organization of public authority, the application of financial funds, by contract paid purchase the rail system engineering, goods and services. Until 2003, China was officially released the first national authorities to promote judicial standards -- "government procurement law", from the beginning of 2007, our country started in sub agreements of WTO -- the authorities sell agreement (GPA) talks task. In order to reconcile the existing judicial standards and GPA is a major achievement in the urgent need to deal with. In order to perfect authorities sell rail system, the State Council have also announced that the "authorities to promote the implementation of regulations (Draft)", but the GPA and conflict still significantly abnormal, especially medium on the authorities sell rescue rail system design not only with GPA of States parties to the international aid system request deposit in the standard of significant conflict and content of both energy also is not in harmony. Internal standard to, there is a need to contact the GPA, to correct our government market rescue rail system and GPA standard conflict, not only this predicament, in order to make the Chinese authorities sell rail system can perhaps better to complete the guarantee the balance between public benefits and private benefits, there needs to be according to the GPA of mental connotation, contact the authorities promote vigorous national standards of justice and the justice theory, Chinese authorities sell rescue rail system perfect recommendations more meticulous. This paper is divided into three part of the analysis of the results: the teachings of the first method the application approach, combining the "government procurement law" prior to the announcement of the three "interim" with standard and coherent legal documents, pointed out that the analysis of familiar changes in our country authorities to promote the legislative process of authorities to promote sales action of judicial nature: by the public strong public-private planning (interim rail system), to the private equilibrium (Draft) to comprehensive private law (Draft Revision). And combined with the procurement of the authorities are detailed standards of law and points out that the comprehensive private law based on the standard three said: parties position plain near things, financial regulatory authority shrinkage limit, sell the rescue operation rail of private law. This complete private law of the legislative choices as if it should be detailed and public law of the public law to sell the system does not meet the. In order to understand the specific public law of the government to sell the system, if the transfer, this article targeted at the use of the French government to sell rail system as a reference for the transformation of China's rail system. Invoked the second Department of France the new standards of justice, and approached authorities sell rail system in the growing process of the famous case, separation introduced the French authorities to sell the State Rail System and rescue rail system and performance rail system and rescue rail system. Unprofitable state rail system and the performance of the rail system is introduced, on the one hand is fill the quintessence field of 2006 French authorities sell legal reform after the new authorities sell judicial standard of familiar with the lack of wishes for the Chinese authorities sell entities style degree transformation supply reference; the other party face also to may better understand rescue track of their own. France on the promotion of contracting stage through the process of complete rescue important litigation way, specifically includes "first urgent contract (Le r French f e r e PR e contractuel)" and "undo action (Le recours pour exc s de pouvoir)", "declared the contract effective action (LA D claration de nullit)", "the administrative contract dispute the usefulness of complete jurisdiction v. (Le recours de pleine juridiction en contestationde La valit D UN contrat administratif"), French (Le r contract urgent e f e r e contractuel) "and the response of the compensation system, and the system of rescue the performance stage can be handled by the" dispute committee (LES Comit sconsultatifs love de r glement amiable des diff rends ou litiges) ", also can through the process of litigation way, which is an important treatment The achievement of compensation obligations. The third sector is back to the authorities to promote the operation of the rescue system itself. The rescue system about contracting stage, first analysis of GPA on contracting international rescue system request; and then pointed out that China's current stage of the rescue party questioned system in French and French Connection praise achievement, subject dispute review authority scale, self with the above request significant French conflict, need to correct according to the request of the GPA; initially in GPA on the rescue system of energy as a guide, this paper introduces the United second departments of France contracting system is separated from the rescue, rescue, the choice of the form of censorship, French censorship right of disposal and compensation system of the four aspects of China's contracting stage of rescue the system puts forward perfect suggestions. A performance stage rescue rail system, created the second part of this article on French performance stage rescue rail system introduction, chapeau analysis in our country in the contract in the implementation of the introduction of sell one-sided administrative right to participate in and limits, and then through the process of sequential analysis China's existing administrative channels for rescue and plain recent rescue opportunities, pointed out the opportunities on the implementation of the relief phase lack, and pointed out that our country must 目录: |
