A Study on Legal Nature of bidding Announcement and its Remedial procedure

碩士 === 國防大學 === 法律學系 === 106 === After our’s government procurement has passed legislation, the vendor’s disputes over the tender announcement may be subject to its norm. After the objection, the judgment after the appeal, the case is considered and judged against the appeal of the deemed suit, and...

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Bibliographic Details
Main Authors: GAO, CHIH-CHIANG, 高志強
Other Authors: LIN, JIA-CHI
Format: Others
Language:zh-TW
Published: 2018
Online Access:http://ndltd.ncl.edu.tw/handle/232ns9
Description
Summary:碩士 === 國防大學 === 法律學系 === 106 === After our’s government procurement has passed legislation, the vendor’s disputes over the tender announcement may be subject to its norm. After the objection, the judgment after the appeal, the case is considered and judged against the appeal of the deemed suit, and an administrative dispute is filed against it. Therefore, the tender stage is generally considered. It is a public law relationship and considers that the tender notice has the effect of an administrative penalty. However, the purpose of exploring the tender notice in the nature of the contractual act and signing the pre-emptive invitation for the purchase contract should be unconstrained, similar to the two-stage theory Yutong believes. Under the current application of the government procurement system, there are places where the method of observation of plural legal relationships applies; thus, the current system of government procurement centers on awards, and the bidding, tendering, and awarding stages before the award is applied to public relations. With respect to relief, after the award of the contract, the performance phase of the contract is a private law remedy that applies to civil lawsuits, resulting in mutual influence between the tender notice and the purchase contract.