Legal Status of Non-government Organization’s Procurement Personnel When Conducting Any Procurement in Construction Engineering Grant

• Main Authors: shih-yi Huang, 黃士益
• Other Authors: Sheng-min Wu
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/p6na7g

碩士 === 朝陽科技大學 === 營建工程系碩士班 === 93 === Legal Status of Non-government Organization’s Procurement Personnel When Conducting Any Procurement in Construction Engineering Grant Abstract Construction usually costs a lot in manufacture operation. Also it is not easy for the juridical persons, organizations who are in the name of public purpose to afford the whole cost on building the construction engineering. On the basis of the need of the final public purpose, the government must lure juridical persons, organizations into carrying out the purchase which builds the project indirectly with the behavior of subsidizing. Before the Government Procurement Act (GPA) is acted, regulations only stipulated for the rights and obligations between government and juridical persons, organizations. However, it even more included the procurement personnel who are working in juridical persons and organizations after GPA is acted. It gives big influence for these persons when they are executing the purchases. As GPA was formulated, the government expected that there will be fair and suitable for these procurement personnel. Also, the government believed that these persons should be specialized. That’s why GPA extra states them. As we know that GPA is the law which mainly suited by the government organization’s procurement personnel. However, only few parts have stated for non-government organization’s procurement personnel. As far as non-government organization’s procurement personnel are concerned, this Act is not suitable. Therefore, there might be some problems appeared when they are executing the purchases. This thesis there discussed legal status of non-government organization’s procurement personnel when conducting any procurement in construction engineering grant. It is founded that there are some problems when non-government organization’s procurement personnel purchasing according to GPA. Therefore, we could consider them as a public official of Criminal Act as the period of the time when they are executing the purchases. Maybe we can give them the name of short-term or temporary public official. In this thesis, it is conduced being unfair and unreasonable if non-government organization’s procurement personnel are treated as public official when they are executing the purchases.