A Study of the Suspending of Procurement Procedure under the Government Procurement Act

• Main Authors: Yang Yao-Lun, 楊曜綸
• Other Authors: Lin Chia-Chi
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/31011194423890400954

碩士 === 國防大學管理學院 === 法律學系 === 101 === 　　The temporary protection of rights mechanism in public law, so that the people facing the disputes between the executive and the process of seeking administrative remedies, the right to be protected by the temporary operation of the mechanism, to avoid the formation of relief during the pre-existing fact, impede the right remedy effectiveness, and thus to achieve an effective protection of rights. The right relief system for suppliers to participate in government procurement, about the dispute before awarding process, with objections and appeals system. Suspension of the procurement process, which occurs effect on not opening the tenders and awarding the contract in procurement schedule, leaving the suppliers on the relief program, to avoid ongoing procurement process so that the final result of nothing beneficial for relief. 　　However, the suspension of the procurement process to form observation, it seems that the right of a public law on temporary protection function, but in practice, the program there is not functioning smoothly situation. That suppliers to participate in government procurement, in after objections, appeals and other procedures and administrative proceedings, the Administrative Court was easy to purchase some of the results of progress has taken place, then recognized suppliers instituted the necessary protection of the rights and remedies not be dismissed, it can not effectively protection suppliers’ rights. Therefore, this article hopes suspend procurement procedures for analysis and discussion, a review of the provisions in the design, operation possible problems, and with other similar systems by comparative, hoping to propose solutions to these problems of direction, in order to operate on the practical contribute.