| 英文摘要 |
The Government Procurement Act (GPA) was implemented on May 27, 1999 in Taiwan. The aim of which has been to conduct GPA will be more fair and transparent, checking abuse of Government Procurement process, under the GPA overseeing. It is also be expected to promote the Government budget execution efficiency and the Procurement qualities of the relevant authorities through the operation of the GPA. Nevertheless, There is a suspension mechanism was legislated in the GPA articles 101 to 103, which are mainly aimed at suspending contractors who are violating the GPA. In the duration of the contract conduct the bidding process or the contract fulfilling. Through a certain administrative disposition. There is a lots serious concern that the penalty under Article 101 by a procuring entity may not follow the principle of proportionality. In case of one employee or one job site in a company had violated the GPA that the legal effect in the circumstances of Article 101 and a procuring entity conducts its right to dispose the contractor. All employees in the company may have serious hurtfulness because the penalty must be affect the contractor’s rights of subsistence, right to work and reputation. First of all, the study is to review the suspension mechanism, and then present the practical cases which is involved the suspension mechanism based on the Administrative Theory of Double-Deck (Zweistufentheorie). The major goal of this study is to analyze the characteristic and the difficulties of the suspension mechanism in the GPA and give a proposal for the possible improvement when the GPA will be revised in the future. |
