From the "know or should have known" to challenge the validity period
"Know or should have known that the infringement of rights" is a standardized legal terminology in China's legal sector, but also a criterion for determining the rights and obligations of the right holder. The standard focuses on the unity of subjective and objective criteria. "Know" refers to the fact that the right holder subjectively knows that his rights have been infringed upon; "should know" is a legal presumption, which means that based on the objective circumstances and the duty of care owed by the general public and legal persons according to their knowledge and experience, the right holder should be aware of the fact of infringement, but due to the fact that he has been infringed upon, the right holder should be aware of the fact of infringement, but due to the fact that he has been infringed upon. The right holder should be aware of the fact that his rights have been infringed upon, but through no fault of his own, in which case the law presumes that he knows that his rights have been infringed upon. In the government procurement challenge processing link, this jurisprudence has a strong reality.
"Knew or should have known" meaning
"Knew" and "should have known" is a twin, " Knowing" belongs to one's own rights, and is an obligation to the relative, "should know" is the right of others, and is an obligation to the relative, rights and obligations, is the legal model of people's behavior, but also the core of the law, in every law everywhere.
The law as a tool for social control, but also a balance of interests in the behavior of the norms. "Knew or should have known" is China's "General Principles of Civil Law" Article 137 first made the provision: "the period of limitation is calculated from the date of knowing or should have known that the rights have been infringed. Where ...... there are special circumstances, the people's court may extend the period of limitation." Article 52 of the Government Procurement Law states, "If a supplier believes that his rights and interests have been jeopardized by the procurement documents, the procurement process, and the winning bid, transaction, or result, he may, within seven working days from the date when he knew or should have known that his rights and interests had been jeopardized, submit a challenge in writing to the procurer." The statute of limitations here refers to the statute of limitations on challenges.
How to Calculate the Statute of Limitations for Challenges
In government procurement activities, every procedure is designed to reflect the fairness and justice of the law. The same is true for the supplier's right to challenge. "Know" is the right of the right person, refers to the right to participate in government procurement activities of suppliers, "should know" is the right of the obligee, that is, the purchaser, the purchasing agent to enjoy the rights. "Knowing or ought to know" is the concrete embodiment of fairness and justice in government procurement. The law is about balance, both to protect the rights of suppliers, but also to protect the rights of the purchaser, the procurement agency. In any country of the rule of law, neither uncontrolled rights, nor unprincipled obligations, so, "know or should know" has become a time to bind the parties involved in government procurement balance