It is an important objective for the central government to strengthen the characteristics and competitiveness of single city as well as to empower the nation through the beauty of building in terms of economy, geography and style. However, with the resources to implement in practical operation, the public sector should embrace change. This research intends to address the issue of practicing aesthetics by public building cases under the current law.

Since Taiwan's inroad into the WTO and the drafting and actual implementation of the Government Procurement Act, the whole epoch and context including politics, social situation, economy and culture, etc. have changed dramatically. As the 21st century is a time for the prosperity of e-businesses, procurement cases processed by government agencies within a country may be promptly and easily communicated anywhere in the global village. True as it is, the establishment of a comprehensive set of procurement regulations is deemed more important, so that the government procurement work can be carried out in an even more open, just and impartial manner. School procurement, in particular, plays an important role in the whole segment of government procurement. The study started off with an eye on the traditional procurement system¡DThe old procurement regulations prior to May 27th¡A1999 were discussed to shed light on the predicament of ambiguous delineation of rights and responsibilities in regulations, undefined competent authority in charge of procurement, and scattered and unconsolidated procurement regulations and rules, etc. As Taiwan went with the global economic trend and joined the WTO, and out of political consideration, as well as the hope of showcasing her administrative success in the international arena, the Government Procurement Act was then drafted and implemented to overcome the aforesaid problems, and professionalize the procurement work.The procurement regulations and system of the Hou Jia Junior High School werediscussed with reference to the five frameworks of administrative law ¡V basic principle, administrative organization, administrative competence, administrative remedy and administrative supervision. At the same time, literature review, historical statement, comparative analysis and inductive analysis were adopted as the research methods. This is to find out whether there is room for improvement in the ¡§procurement regulations and system of the national junior high schools¡¨ in light of the five frameworks of administrative law. Hence, the research results were concluded on the future provisions and actions relating to the procurement regulations and system of national junior high schools. Specific recommendations were then proposed as a reference for the competent authority, schools, procurement staff and future studies.

Construction ¡§traffic control system of high-speed road network Northern traffic information management and coordination command center systems engineering" Vendor, RPTI, due to execute his right to stop, causing to others under construction engineering progress into delay or even halt, Furthermore, causing irreparable damage to the public interest. This action will also affect either the progress to be procrastinating, or failure of the entire project of construction plan. In a word, it stalls off the development of the ITS industrial. This paper aimed at studying the case manufacturers suffer administrative relief and derivative right to stop financial crises, and finally to the brink of bankruptcy. Stopped right disputing caused by uncertain legal concept of cognitive difference. Once the vendor has been suspended for the execution of the contract likely to have non-compliance or abuse of the fact that compliance; legal system face the compliance phase of the case as a stop right to the subject, but also derivative is easy to mediation and complaint competing, as well as administrative litigation court rejected status; complaint Review lengthy process to consider the judgment as if the provisions of the appeal decision has resulted in the responsible entity procurement operations distress. The vendor will be published in the Government Procurement Gazette by the responsible organization. As the result, it might be more difficulty to maintain the business; moreover, the published not only announce to loss of right of government bidding; even worse, will affect the company¡¦s Goodwill and survival of business. The Suspended punishment of the Government Procurement Law system, whether is appropriateness, and the further influencing factors of overall competitiveness. Made by MICHAEL PORTER¡¦s diamond theory, "stop right" under the "other external factors opportunities (opportunity and Government policy) "An analysis of the State ITS industrial competitiveness. Diamond combination of the four factors is well and available, but opportunities exist does not necessarily help to enhance the competitiveness of industry, but counterproductive injury, will allow businesses or companies collapse, or even disappear. As the ITS industry as the government established policy of the Department of National Infrastructure, the opportunity this factor evolved out of the results of the company, the enterprise, the whole industry chain and even the country's competitiveness will be immeasurable. Therefore, this article will discuss actual cases of the case manufacturer¡¦s discussion. RPTI is to the brink of bankruptcy, forced to dissolve, engineers, technicians. Subsequently, a large number of employees left, the company¡¦s core values (the process of information technology and intelligent transportation systems technology and system integration capabilities) gone, the competitiveness of the domestic intelligent transportation industry will thus setback

政府機關各項採購案，從前期採購投標須知之制定、上網公告資訊之登錄、契約稿之草擬；中段之領投標作業、開標作業、決標公告之登錄與傳輸；至後期簽約、驗收作業等，流程複雜且環環相扣，均有賴機關內部秘書（總務）單位之採購人員從頭至尾包辦，故政府採購執行順利與否，與採購人員之工作滿足感有密切之相關。政府採購之採購效率，除了採購人員本身因素外，其直屬主管之領導型態亦是一重要之影響因素，成功的領導型態或方式可以增加部屬之工作滿足，進而提升工作績效。 本研究旨在探討「政府採購法」暨相關法令實施後，採購人員之個人屬性及其直屬主管領導型態等變項，對於採購人員本身工作滿足感之影響，以臺北市政府所屬各機關學校內總務秘書單位實際從事採購工作之人員為研究對象，運用問卷調查之研究方法進行實證研究，並根據研究結果，提出建議，以供有關機關參考。本研究採問卷調查法收集初級資料，問卷內容計有「工作滿足量表」、「領導型態量表」及「個人基本資料」等三大部分。針對研究回收所得之問卷，以 SPSS 10.0 統計套裝軟體程式，採用信度與效度分析、描述性統計、相關分析、獨立樣本T檢定及變異數分析等方法，進行資料分析。 由本研究獲得以下發現： 一、臺北市政府採購人員工作滿足感之情況，在工作滿足各構面以對工作伙伴的滿足感最高，其次依序為對上司、整體工作滿足感、薪資福利及工作本身的滿足感，而對升遷的滿足感最低。 二、個人屬性變項與工作滿足感之關係： （一）採購人員職位不同，對其工作滿足感各個構面及整體滿足感有顯著差異。 （二）採購人員官職等不同，對其工作滿足感各個構面及整體滿足感有顯著差異。 三、主管領導型態與工作滿足感之關係： （一）採購人員直屬主管之領導型態不同，對其工作滿足感各個構面及整體滿足感有顯著之差異。 （二）在「統合型管理（9,9型）」之直屬主管領導型態下，採購人員在工作本身、薪資福利、升遷、上司、整體工作滿足等構面的滿足感較高。 根據研究發現，提出建議如下： 一、對採購主管機關及各機關學校之建議 （一）健全人事升遷管道 （二）建立採購人員專業加給之獎勵制度 （三）適當配置各機關學校內採購人員之員額 （四）鼓勵採購人員直屬主管多採用「統合型管理（9,9型）」的領導型態 （五）強化採購人員專業訓練課程 （六）建構和諧的工作環境 二、對後續研究建議 （一）研究變項方面 影響工作滿足感的因素很多，建議後續研究者可就不同變項中，選取適合研究之主題，更深入的探討其與工作滿足感之間的關係。 （二）研究對象方面 後續研究者可將研究對象擴及至中央及其他縣市政府之採購人員，以進行研究及比較。或可反向探討何種人格特質類型之個人較適合從事採購工作，透過適才適所的人力資源配置，以提高機關學校採購人員的工作滿足感。 / All types of government procurements are a complex series of correlated procedures which are single handedly taken care of by procurement personnel who work at general administration departments. The success of the procedures, such as the establishment of procurement bidding information, the announcing of events on the Internet, or the drafting of contracts at the early stage; bid application, opening of the bid, the announcement and transaction of the bid during the mid-stage; to the signing of contracts and inspection during the latter stage are very closely related to the job satisfaction of the procurement personnel. The procurement efficiency of the government is not only affected by the procurement personnel, the leadership style of their direct executives is also an important factor. Successful leadership styles or methods will increase the job satisfaction of their staff and consequently their work performance. This research reviews the attributes of the procurement personnel and their executives and other related variants after the ”Government Procurement Act” and regulations are employed. The effects it has on the job satisfaction of the procurement personnel are also discussed. Our research subjects are procurement personnel working at general administration departments of schools that are under the jurisdiction of the Taipei City government. We used questionnaire investigation research methods and made suggestions to the related institutes for their reference according to our results. The questionnaires collected the initial data, which is divided into three parts:”Job Satisfaction Measurement” , “Leadership Style Measurement”, and ”Personal Information”. SPSS 10.0 statistic software was used to conduct reliability and validity analysis, descriptive statistics, correlation analysis, independent sample t test, and ANOVA on the data of the effective samples. The following are the discoveries of this research: 1. In regards to the job satisfaction of the procurement personnel in Taipei City government, we see that the subjects are most satisfied with their colleagues, followed by their executives, the overall job satisfaction, their salary, and the job itself. The least satisfactory factor is the promotion system. 2. The relationship between the personal attribute variant and job satisfaction （1）Procurement personnel of different titles had major differences in terms of job satisfaction and overall satisfaction. （2）Procurement personnel of different ranks had major differences in terms of job satisfaction and overall satisfaction. 3. The relationship between the leadership style of executives and job satisfaction. （1） Different leadership styles of the executives leading the procurement personnel caused major differences in terms of job satisfaction and overall satisfaction. （2）The procurement personnel that were lead by the「Integrated management （type 9,9）」leadership style were more satisfactory in their work, salary, benefits, promotion, executives, and overall job compared to others. According to the results, we suggest the following to: 1. Procurement personnel executives and schools: （1）To have an integral promotion system （2）To establish a reward system for the procurement personnel. （3）Appropriately select, distribute, and control the number of procurement personnel. （4）Encourage executives of the procurement personnel to use the「Integrated management（9,9 type）」leadership style. （5）Reinforce procurement personnel professional training programs （6）Construct a harmonious working environment 2. Future researches: （1） Research variant Several factors influence job satisfaction; we recommend future researchers to select suitable themes from various variants to further review their relationship with job satisfaction. （2） Research subject Future researchers can expand their scope of research subjects to the procurement personnel of central governments and other city or county governments to make comparisons. They may also think in retrospect and find out which personal characteristics are most suitable for procurement work, which will increase the job satisfaction of the procurement personnel at schools or institutes via appropriate distribution of human resources.

政府採購向來金額龐大，以民國 103 年為例，該年度機關辦理逾 10 萬元之採購決標總金額為 1 兆 1367 億餘元，同年度中央政府總預算歲出合計為 1 兆 9162 億餘元，政府採購金額約為總預算歲出的 60%，故就政府採購所制定之法規範具有實務上之重要性。復因政府之採購金額龐大，政府之採購偏好足以影響經濟運作與競爭秩序，因此各國政府經常藉以達成特定政策目標。 　　我國政府採購法第 96 條訂有採購環境保護產品之特別規定，環境保護在國家政策中、甚至國際社會中向來為重要議題，民國 90 年起，行政院核定實施之「機關綠色採購推動方案」、國家永續發展委員會提出之「台灣二十一世紀議程國家永續發展願景與策略綱領」和「永續發展政策綱領」等政策方案，都希望藉由政府採購達成環境保護的目標，我國簽屬之「政府採購協定」（Agreement on Government Procurement）亦於 2012 年修訂環境保護相關條款，然而我國政府採購「環保」之成效卻十分有限，同樣以民國 103 年為例，該年政府採購納入環境考量之比例，約僅為政府採購總金額的 0.5%、總預算歲出的 0.3%。因此，本論文嘗試探討我國政府採購納入環境考量之現行法規，是否符合憲法誡命、或是否存有更佳的立法方式，以回應國內政策的需求、並善盡國際義務。 　　本論文以憲法就環境保護和經濟秩序之規定探討為始，界定立法者具體化相關法令規定之立法形成界限，復以此為前理解，檢視現行規範是否妥適，初步認為政府採購法第 96 條之相關子法，有不當限縮環境保護範圍之嫌，因而手段不足以落實國家對環境的保護義務，可能係實務上納入環境考量比例不足的原因之一；因此以綠色政府採購（Green Public Procurement）成效顯著、且為「政府採購協定」修訂環境保護相關條款之原始提案國──即歐洲聯盟為研究對象，探討其政府採購法制設計，作為我國法制修正之參考。 　　本論文參酌歐洲聯盟採購法制，認為我國應放寬政府採購納入環境考量的範圍、增加可資運用之手段、於採購時計算產品生命週期費用並妥適運用環境標誌與宣告，進而提出初步修法解決之框架建議，以期環境保護能夠確切、妥適地於政府採購中落實。 / Government procurement has been constantly adopted as a policy tool in many countries for its profound effect on a nation’s economic performance and market competition. Legislation concerning government procurement becomes therefore important. According to Article 96 of Taiwan’s Government Procurement Act and other related regulations, procuring entities subjected to those provisions may provide preference to environmentally friendly products. Furthermore, as the Agreement on Government Procurement (GPA) was revised and come into force in 2014, it suggested that environment protection can be promoted via government procurement. As a consequence, the Executive Yuan formulated several policies to enhance environmentally friendly procurement. Nevertheless, such policies were not as effective as expected. Official statistics show that as government procurement value accounted for 60% of annual expenditures in 2014, the adoption and promotion of environment protection in that value merely accounted for 0.5%. Recognizing the problem, the thesis raises two questions: Is current legislation concerning environment protection in government procurement in accordance with the Constitution? Is there any better way to legislate? To begin with, the thesis first discusses the Constitution’s stipulation of environment protection and economic system to figure out the limit of legislative discretion. Secondly, by reviewing current legislation based on such limit, the thesis finds that neither the definition of “environment protection” nor the methods of priority procurement are appropriate. The thesis hence concludes that such inappropriateness of current legislation may be one of the reasons why those policies did not work out. Last but not least, the thesis has done a comparative study on government procurement legislation of the European Union (EU) to see how legislation in Taiwan may improve. While it is the first party to propose to amend the GPA by adding environment protection into the provisions, EU has also achieved remarkably in “Green Public Procurement” (GPP). In conclusion, the thesis has the following legislative suggestions: First, redefine “environment protection” in the Government Procurement Act and other related regulations. Second, add additional ways in current legislation for procuring entities to better adopt and promote of environment protection in government procurement, including using life-cycle costing and eco-labels.

摘要 政府採購法72條第2項減價收受規定，可說是機關處理驗收之例外規定，關係機關採購後續使用情形及廠商權益甚鉅。本文以工程採購為研究對象，以工程採購著眼於工作之完成，來探討採購法驗收之法律效果，以釐清減價收受之效力。 依採購法72條第2項規定，明定減價收受之要件，包括驗收結果與規定不符、不妨礙安全及使用需求、通常效用或契約預定效用，經機關檢討不必拆換或拆換卻有困難、得於必要時，機關得採減價收受，因此機關驗收時，發現與規定不符，仍須滿足前開之要件，方得採減價收受，否則應依採購法72條第1項規定，請廠商限期改善。 從民法概念來看，減價收受無所謂過失責任，基本上肇因於廠商債務不履行，債務不履行可分為給付不能或不完全給付，二者區分實益在於給付是否可能，亦關係機關評估是否辦理減價收受及後續損害賠償問題。此外，減價收受亦關係工程承攬契約之瑕疵擔保責任與保固責任，以及減價收受之額度與違約金等相關問題。本論文希望藉由理論探討，及法院判決、調解建議及仲裁等相關實務案例，以釐清減價收受所遭遇之相關問題。 / The acceptance with price-reduction under Article 72, paragraph 2 of the “Government Procurement Act”, could be said an exceptional part of the inspection and acceptance under the Act. It is regulated to the interests and duties between the two parties of governmental purchasement. This study intentioally analyzes the “construction work”, which is used to focus on the completeness of definit work and to cope with the contract requirements. When it happens to be accepted with price reduction, what is the reason and what will be going on? According to the Article 72, paragraph 2 of the “Government Procurement Act”, where the result of inspection indicates any non-conformity with the contractual requirements, but the non-conformity neither hinders the safety or use required nor decreases the general function or the function designated by the contract, an acceptance with price-reduction may be conducted under conditions that the entity has determined that there is no need or it is difficult to make replacement. Otherwise, the entity should require the suppliers make improvement within a time-limit according to the paragraph 1 of Article 72. Based on the concepts of the Civil Code, the acceptance with the price-reduction does not depend on responsibility for intentional or gross negligent acts. It is caused by the suppliers’ non-performance, when the performance becomes impossible or imcomplete. The governmental entity will also transfer to claim conpensation for the injury. This issue also involves the obligation of suppliers to repair the defects within the specified period, not only after the inspection and acceptance. The reasonable amount of price-reduction and the penalties are also important to be disscussed. This study wants to clarify all the issues and the effects of the acceptance with price-reduction through the theory discussion and the reviewing of juridical cases, mediations and arbitrations.