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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。
China’s government procurement law belongs to the administrative law, its civil liability and the relevant provisions of civil law is basically the same, but not exactly the same as the general civil liability. The main subjects of civil liability include the government procurement parties and other civil liability. The way of assuming civil liability is mainly property liability, but also includes non-property liability. The main defects of civil liability are the unclear responsibility of property liability and the incomplete accountability system. The basic countermeasure is to establish a civil liability fund system and improve the system of accountability of civil liability.