Comparison between Government Procurement Act mediation and Civil mediation systems

碩士 === 真理大學 === 法律學系碩士班 === 107 ===    In order to promote daily administrative affairs, the government provides people with better quality administrative content. Every year, a huge budget is required for procurement, such as the construction of office buildings, the construction of public faciliti...

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Bibliographic Details
Main Authors: MA, NIAN - TSZ, 馬念慈
Other Authors: Lin, Chia-chi
Format: Others
Language:zh-TW
Published: 2019
Online Access:http://ndltd.ncl.edu.tw/handle/hmsrar
Description
Summary:碩士 === 真理大學 === 法律學系碩士班 === 107 ===    In order to promote daily administrative affairs, the government provides people with better quality administrative content. Every year, a huge budget is required for procurement, such as the construction of office buildings, the construction of public facilities, the purchase of office supplies, and the labor services. purchase. At the beginning and end of these procurements, there will be a lot of legal relationships, complicated and intertwined, and the purpose of this paper is to study the part of the mediation procedure of the former paragraph of the government procurement law, and to refer to other similar The procedure of research is based on the analysis and comparison of the mediation procedure of the Civil Procedure Law.   The outline of this article includes the revision of Article 85-1 of the Government Procurement Law in recent years, the constitutionality of Article 85-1 of the Government Procurement Law, and the process of the mediation process in the previous paragraph. The significance, characteristics and enforcement procedures of the procedure. The above doubts are compared with the mediation procedures in the Civil Procedure Law to achieve the goal of improvement.   This paper finds that the efficiency of the establishment of mediation in the mediation process has not increased by the tendering authority and the manufacturer. On the contrary, the actual phenomenon is that the tendering agency routinely provides legal proceedings to provide relief, while the manufacturer hopes to use arbitration to provide relief. Although there are numerical improvements in the mediation proposals, there is no significant increase in the effectiveness of the actual problem-solving. This article puts forward the views on this phenomenon, hoping to urge relevant units to pay attention to the problem, and to develop solutions as soon as possible, so that the government procurement process will move towards a more fair and just future, in line with the people's expectations of the administrative system.