The main body of (1) specification is different:
① The main body of the Government Procurement Law is state organs, institutions and organizations at all levels. ?
(2) The subject of the Bidding Law is not restricted. Any subject in our country conducts bidding activities (compulsory or voluntary), including private enterprises and other unincorporated organizations.
(2) The behavioral nature of norms is different:
① The Government Procurement Law regulates government procurement behavior.
(2) Bidding law regulates bidding behavior.
(3) Emphasize different legal responsibilities.
(4) The difference between management system and operation mode.
The connection between the two: Article 2 of the Government Procurement Law stipulates that government procurement includes goods, projects and services; At the same time, article 4 also stipulates that the bidding law shall apply to government procurement projects. It has been proved that these two laws are closely related.
Brief introduction of the Government Procurement Law;
In order to standardize the government procurement behavior, improve the efficiency of the use of government procurement funds, safeguard the public interests of the state and society, protect the legitimate rights and interests of legal persons involved in government procurement, and promote the building of a clean government, the Government Procurement Law of People's Republic of China (PRC) is formulated. Promulgated by the NPC Standing Committee on June 29th, 2002 and effective as of June 6th, 2003.
Government procurement system is an important part of public finance and an effective measure to strengthen financial expenditure management. From 65438 to 0996, the pilot work of government procurement was carried out in China. The implementation of government procurement has played an active role in strengthening the management of fiscal expenditure, improving the efficiency of the use of fiscal expenditure and promoting the building of a clean government, and achieved good results. With the deepening of government procurement, it is urgent to further promote and standardize it through legislation.
The promulgation of this law is a major event in China's financial system reform and financial legal system construction, a major event in government procurement legal system reform and financial legal system construction, and an important achievement in government procurement legal system construction. It is of great practical and far-reaching historical significance to better implement the Party's principles and policies and the anti-corruption measures determined by the Central Commission for Discipline Inspection, comprehensively improve the level of administration according to law, and create a new situation in government procurement.
The law focuses on enforcement. The premise of implementation is knowing the law, and only knowing the law can better enforce the law and abide by the law. To know the law, we must first learn the law well, accurately grasp the spirit and provisions of the law, improve our ideological understanding and management ability, strengthen the construction of government procurement team, and turn standardized government procurement into conscious actions of all walks of life. All parties involved in government procurement should also seriously study the government procurement law and enhance their awareness of participating in government procurement according to law and protecting their legitimate rights and interests according to law.
The Government Procurement Law has made comprehensive provisions on the establishment and work of government procurement in China, but these provisions are mainly framework and principle, and only by accurately grasping their spirit and specific meaning can they be correctly implemented. In order to help better understand the government procurement law, this lecture will explain chapter 9 and article 88 of the government procurement law one by one, taking care of it from beginning to end. Focusing on the essential significance of government procurement and combining with the continuous development of practice, this interpretation explains the legislative purpose and the meaning of the law as accurately and comprehensively as possible, and suggests the handling methods of relevant regulations and the "limit" or "bottom line" that should be grasped to help students learn and understand the government procurement law and guide their practical work.
Brief introduction of "Bidding Law";
Bidding law is the general name of legal norms used by the state to regulate bidding activities and adjust various relations arising in the bidding process. According to the different legal effects, the legal norms of the bidding law are divided into three levels: the first level is the bidding law promulgated by the National People's Congress and its Standing Committee; The second level is the administrative regulations on bidding issued by the State Council and the local bidding law issued by the local people's congress with legislative power; The third level is the bidding department regulations issued by relevant departments in the State Council and the local bidding regulations issued by local people's governments with legislative power. The bidding law referred to in this law belongs to the first level, that is, the bidding law formulated and promulgated by the NPC Standing Committee. Bidding law is a very important law in the legal system of socialist market economy and the basic law in the whole bidding field. All laws, regulations and normative documents related to bidding must be consistent with the Bidding Law.