The research of proper purchasing procedure and efficiency-Centered on the Methods of Government’s inviting bids and deciding bids

• Main Authors: Shuan Jin Chuan, 許金川
• Other Authors: Chen Jun Jiao
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/02143639382302618710

碩士 === 玄奘大學 === 法律學系碩士班 === 95 === The behavior of government’s purchasing is pure private economic. To achieve administrative goal（establish public, just, transparent and lifting the efficiency of purchasing and function to make sure the quality of purchasing），on the basis of the principle of a nation to rule by law，it should be restrict by related administrative law， The relationship between administrative procedure and government purchase is close, important, and complex. The right and obligation of administrative institution stepping into private economic is depend on private law, but when it comes to what range and how to do it and even supervise are belong to the range of administrative law; include proper procedure and material proper. Reasonability means conform natural rule, rationality, justice, fair, publicity and objectivity and entirety’s observe and inspect result. It couldn’t violate reason rules and experience rules. This article will connect agreement on related regulations on government procurement, administrative law, principle and affairs work. Aim at law of government procurement and related questions to offer my humble opinion and discuss it. Furthermore, discuss the procure behavior regulated by law of government procurement and how it was restricted by public law and it’s derivative reasonability related questions. The weight-bearing point is the way of inviting bids and deciding bids in order to solve the problems of affairs work. Both theory and affairs are the same important that we can not stress one and neglect the other. We have to strive for the balance between them and probe into the deviation and the problems of theory and affairs. Analyzing and researching the deviation and seeking the basic of logical legal institutions conform to theory and affairs work. I believed this is helpful to the policy of department of public and it’s regulations work. Because of my limited ability, this article will only focused on law of government procurement and administrative procedure affairs work to be mainly nucleus range. Especially focused on agreement of government procurement and it’s related inviting bids, deciding bids, and problems about efficiency to search and collect related records and research data to probe into and analyze to test and verify if it conform to proper procedure or material reasonability’s related regulation and the demands of legal principle. This article included eight chapters to discuss and explain it.