Administrative Litigation of Government Procurement Contract Dispute

Abstract

Since lawmakers believe that the exercise of executive power is not involved in the process of concluding government procurement contracts, the current system stipulates that in disputes caused by government procurement, suppliers can resort to administrative litigation or civil litigation according to the difference between the pre-contract stage and the contract performance stage. However, government procurement contracts of both civil and administrative nature, even contract disputes caused in the process of performance, still involve the consideration of administrative purposes, which needs to pay attention to "power control" and the protection of public interests in the judicial review process. Therefore, administrative litigation is more suitable for judicial review of government procurement contract disputes than civil litigation because of its objective litigation nature.