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The third batch of government procurement guidance cases from the Ministry of Finance is about to be released

来源: 中国政府采购报打印09:31, November 29, 2019 Source: China Government Procurement News [ Print ]

26 日,财政部第三批政府采购指导性案例编审会议在京召开。 On November 26 , the Ministry of Finance's third batch of government procurement guidelines case review meeting was held in Beijing. The meeting introduced the collection, editing and review of the third batch of government procurement guidance cases and arrangements for the next step. After heated discussions, the participating experts raised questions about the legitimacy, orientation, logic, and expression of the new batch of government procurement guidance cases. Suggestions for constructive changes.

“中央全面深化改革委员会通过的司法部《关于健全行政裁决制度加强行政裁决工作的意见》中,也将财政部此项经验作为示范进行推广。为此,财政部已将发布指导性案例作为工作长效机制。” 他说。 The relevant person in charge of the State Treasury Department of the Ministry of Finance stated at the meeting that the guiding case is to provide clear regulatory signals to the market by advancing the standardization of law enforcement . In the Opinions, the experience of the Ministry of Finance is also promoted as a demonstration. To this end, the Ministry of Finance has issued guidance cases as a long-term work mechanism. "He said.

The reporter learned at the meeting that in recent years, the scale of government procurement has continued to expand, and the number of complaints and reports has increased significantly. “界外球”转为“擦边球”,增加了政府采购交易成本,影响了政府采购市场秩序,提高了案件处理的难度。 At the same time, competition in the market is becoming increasingly fierce, and the illegal means of all parties are more hidden. From "outside the ball" to "sweeping the ball", it increases the transaction cost of government procurement, affects the order of government procurement market, and increases the difficulty of case handling. From the perspective of government procurement supervision, the government procurement market is subordinate and depends on the overall national market environment. At present, various problems in the field of market supervision are reflected in the government procurement field. For example, there are hierarchical differences and regional differences in regulatory capabilities. The problems of heavy penalties, heavy penalties, different penalties for the same mistake, and excessive interference and inaction by individual local regulatory authorities have affected the credibility of government procurement supervision.

2017 年开始,参照国际上“成文法国家搞判例、判例法国家搞成文”的监管趋势,财政部主动作为,在各部委中率先公开发布两批共 20 个政府采购指导性案例,将违法违规行为进行类型化梳理,统一处理处罚标准,压缩自由裁量权。 Beginning in 2017 , following the international regulatory trend of “written case law in written law countries and written case law countries”, the Ministry of Finance has taken the initiative to publicly release two batches of 20 government procurement guidance cases among various ministries and commissions , which will be illegal. Illegal behaviors are sorted out, punishment standards are unified, and discretion is reduced.

20 个政府采购指导性案例取得了较好的社会效果,主要表现在三个方面。 Participating experts unanimously stated that the 20 government procurement guidance cases published by the Ministry of Finance have achieved good social effects, mainly in three aspects. One is that market participants believe that this is a “bottom-to-bottom” to the market, embodying the concept of transparent supervision and providing stable market expectations for market participants. Second, the local government reported that this work made up for the lack of legislative field, effectively regulated the law enforcement actions of the financial department itself, and solved the problem of "same mistakes but different penalties" nationwide to a certain extent. Third, this work reflects the leadership and demonstration of the Ministry of Finance in the area of administration according to law.

“扎实做好工作,将典型的案例有关情况通报各地”的批示精神,今年国库司进一步总结经验,并首次向地方征集案例。 Regarding the compilation and review of the third batch of government procurement guidance cases, according to the relevant person in charge, in accordance with the leadership of the Ministry of Finance regarding the "soundly do a good job, and report the typical case related situation to the local" instructions, this year the State Treasury Department further summarized experience, Cases were solicited from local governments for the first time. 月,启动了第三批政府采购指导性案例的编审工作, 7 月,下发通知向地方财政部门征集案例,地方积极参与,踊跃申报,共收到 16 个省(市、自治区)申报案例 89 个,中央本级准备案例 15 个,共 104 个。 In May , the third batch of government procurement guidance cases was compiled and reviewed. In July , a notice was issued to collect cases from local financial departments, and local governments actively participated in and actively reported. A total of 16 provinces (municipalities, autonomous regions) reported cases were received There were 89 cases and 15 central-level preparation cases , a total of 104 .   月上旬,国库司会同中国政法大学政府采购法研究中心,按照合法性、时效性、与现行政策协同性、体现改革精神等原则,统筹考虑案件类型、中央与地方案例比例、复议诉讼维持情况等因素,遴选出了 12 个指导性案例,并于 11 月中旬,对案例初稿进行修改。 In early November , the Treasury Department in conjunction with the China University of Political Science and Law's Government Procurement Law Research Center will consider the types of cases, the proportion of central and local cases, and the status of reconsideration proceedings in accordance with the principles of legality, timeliness, synergy with current policies, and the spirit of reform. Among other factors, 12 guiding cases were selected, and the first case was revised in mid- November . 12 个指导性案例的编写工作已初步完成。 At present , the preparation of 12 guiding cases has been initially completed.

At the meeting, the participating experts generally reflected that the third batch of government procurement guidance cases to be released is aimed at solving the pain points and difficulties encountered in the current government procurement query and complaint handling, and has strong leadership, demonstration, and high quality. . 12 个案例逐一审查,经过热烈的讨论,专家就案例的合法性、导向性、逻辑性及表述等问题提出了建设性的修改建议。 In order to make this batch of guiding cases more effective, the experts reviewed each of the 12 cases one by one. After heated discussions, the experts proposed constructive amendments on the legality, orientation, logic, and presentation of the cases. .

"In the next step, we will further modify the guiding case based on the expert's review opinions, and after the legality review of relevant experts, report it to the Ministry of Finance leaders for approval and then release it to the public, and then train the central unit and local financial departments. At the same time, The local financial department that actively participated in the collection of guiding case collection activities with high case quality and was selected as a guiding case will be commended. "The person in charge said.

40 人参与了此次编审会议。 It is reported that a total of 40 experts from the Ministry of Finance, the Ministry of Justice, the Legal Working Committee of the Standing Committee of the National People's Congress, Beijing Higher People's Court, Beijing First Intermediate People's Court, China University of Political Science and Law, and central and local government procurement supervision departments participated in this. Editorial review meetings.