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军事采购作为军事经济的一种活动过程,其行为呈现出以市场为依托,强化国家干预的基本特征。随着我国社会主义市场经济体制的建立和完善,过去用行政管理手段来调整军事采购关系的办法显然已不适应,必须采用法律手段来调整军事采购活动中的各种关系。一、军事采购法律调整机制的现状分析在现行法律体系中,仅有《国防法》对军事采购进行了抽象的定位。军事采购工作在运用法律方面远未达到应有的机制系统化的程度,军事采购受法律调整处于非完全状态。1.主体缺乏接受法律调整的意识。长期以来,由于军事采购一直在计划经济行政管理手段的环境下运行,接受法律调整的意识不强,对建构市场经济体制下军事采购法律体系研究不够重视,导致军事采购的一些环节与市场经济的制度要求脱节,甚至使得一些采购流于形式.并没有取得预期的效益。
As an activity process of the military economy, military procurement shows its basic features of relying on the market and strengthening state intervention. With the establishment and perfection of the socialist market economic system in our country, the methods of using administrative measures to adjust the military procurement relations apparently have not adapted to the past. We must adopt legal means to adjust the various relations in the military procurement activities. I. Analysis of the Current Situation of Military Purchase Law Adjustment Mechanism In the current legal system, only the “National Defense Law” has abstractly positioned military procurement. The military procurement work is far from achieving the systematic mechanism due to the application of laws, and military procurement is in a state of imperfect adjustment by law. 1. The main lack of awareness of the law to accept adjustment. For a long time, due to the fact that military procurement has been operating in the environment of planning economic administrative means and its awareness of accepting legal adjustment is not strong, the research on the legal system of military procurement under the market economy system has not been taken seriously. As a result, some aspects of military procurement and the market economy System requirements out of touch, and even made some of the procurement formless, and did not achieve the expected benefits.