我国政府采购救济制度实践中所反映的问题在制度层面表现为质疑投诉程序冗长、救济范围较窄、救济对象欠全面等，其深层次的根源在于构设理念的偏差。行政控制理念主导下的政府采购救济制度存在内在缺失，与欧盟和GPA协定的理念模式相距甚远。由是，根本解决政府采购救济制度现实问题之策略应为：转变传统的行政权力主导的救济体系，在救济制度构设中充分考虑公益与私益、公平与效率、自由与秩序等价值目标的平衡。%The current problems reflected in the practice of China’s government procurement remedy system in institutional level include manifest as long challenge and complaint procedure, narrow scope of relief, incomprehensive recipients, and so on. Its deep cause is the deviation of the construction idea. There is an internal absence for government procurement remedy system dominated by administration controlling principle, and this is far from the conceptual model of European Union and GPA Agreement. Thus, the fundamental strategy to solve the real problem of government procurement remedy system is: transform the traditional executive power-dominated remedy system, in the construction of remedy system, as well as take full account of the balance of value goal, such as public and private interests, fairness and efficiency, liberty and order.
展开▼
