| 英文摘要 |
The Supreme Administrative Court, in a resolution of the First Session of the Presidency of the President of the Court of Justice in June 1991, formally defined the legal nature of the debar mechanism of the Government Procurement Law as a punitive sanction (paragraph 13 “Analogy applies” administrative penalty law to deal with). This resolution is made after the establishment of the suspension of administrative punishment is the nature, in principle, should apply the provisions of administrative penalty.However, the current practice of debar of administrative sanctions to punish, if there are a variety of reasons for the debar of competing, how should the actual use and operation? There is no uniform view, especially the current practice for a variety of agencies suspended In the event of co-operation, some of the “heavier sections” were suspended for some of the reasons for suspension, and the other for the suspension of another sub-suspension, some “All but one-off” (but only for a maximum period of three years), “one final disposition, and the other without prejudging”, and so on. By virtue of their own sense of handling, this kind of practice mode of operation caused by a variety of suspension of the reasons for the manufacturers, what will be suspended for disposal, no predictability, only luck, the formation of legal status in the unstable state.Based on this, the purpose of this article from the suspension of the legislative purpose and the Government Procurement Law Article 101, paragraph 1, the relationship between the various sections of the relationship between the competing relationship between how to deal with the proposed positive and negative side of the dialectical. |
