论我国政府采购法的民事责任

我国政府采购法属于行政法,其民事责任与民法中的有关规定基本相同,但又不完全等同于一般的民事责任。民事责任的承担主体包括政府采购当事人和其他民事责任人。民事责任的承担方式以财产性责任为主,也包括非财产性责任。民事责任的缺陷主要是财产责任承担不明确,责任追究制度不完善。基本对策是建立民事责任基金制度,完善民事责任追究制度。

On Civil Liability in the Law of China''''s Government Purchase

The law of China's government purchase belonging to administrative law,whose civil liability is essentially identical with relevant regulations in the civil law,cannot be totally equated with general civil liability.The parties of bearing civil liability are the government purchase parties and other persons liable of civil liability in government purchase.The way of bearing civil liability includes taking property responsibility as the core and also assuming the responsibility of no property contents.The defect of civil liability system is mainly that the property responsibility is ambiguously taken and that the responsibility claim system is not perfect.The basic countermeasures in allusion to the defect are expected to set up the fund system of civil liability and to perfect the civil responsibility-ascertained system.