Study Of Government Procurement Law Issues

Government procurement, namely public procurement, refers to the behavior of governments at various levels and their affiliates to obtain cargoes, engineering and service for their needs of daily activities and providing public service by legal methods and procedures. The Law on Government Procurement is the legal system to adjusting legal relations, and standardize the behavior of government procurement. It is an important part of the science of economic law, and a key legal system for the state in coordinating economic operation by its social standards and macro regulation, and special characteristics of physical and procedure methods. By using research means of jurisprudence, science of legal history and economic analysis, and comparative study of government procurement legal systems in various countries and regions, this paper makes approaches to China's establishment and improvement of legal system of government procurement. The paper has eight chapters, concentrating on:First Chapter Introduction gives introduction to the conception and characteristics of government procurement, and origin of government procurement system. Compared with private purchase, government procurement is characterized by its particularity and the public nature of funds sources, non-profitability, openness, broadness of targets and policy support. Government procurement system originated in Britain and later it has developed in various countries and regions in the world. The WTO Agreement on Government Procurement Agreement, the Demonstration Methods for Purchase of Cargoes, Engineering and Service adopted by the United Nations Commission on International Trade Law, and its supporting document of the Legislation Guide for the Demonstration Methods for Purchase of Cargoes, Engineering and Service are important international treaties for the work of government procurement. They cannot only help improve government procurement system, but also promote the opening of government procurement from domestic market and regional market to world market. Second Chapter focuses on research of basic theories of government procurement law, including features of the law, adaptability of the law to the subject of government procurement, principle of the law, forms and management system of government procurement. The writer holds that government procurement law is an important part of economic laws by its social standards, macro regulation and features of physical and programming methods. The principles of government procurement law are openness, fairness, honest goods and honest price, effective competition and efficiency. For government procurement management system, the writer advocates that the government procurement law of China should establish a committee management system in combination with China's real conditions. The reasons are as follows: first, government procurement is not a simple spending of public funds. As it has its functional synthetics and involvement of various economic activities, government procurement, as a means of the state macro regulation, is related with foreign trade policy, and also supporting policy to small and midsize enterprises as well as environmental protection policy. At the same time, government procurement, as a method of market management, is also related with contract management and competition. These issues drag in various governmental departments, needing cooperation between various governmental departments to complete. Second, procurement is an important link of market operation, and buymanship is a key sub- branch of the science of economy management. At the same time, government procurement is in high demand of specialization, especially the international government procurement, which touches upon various laws and regulations and trade practice. These laws and regulations and trade practice are important factors for competent departments in charge of government procurement to put into consideration when drafting relevant policies and resolving disputes concerning government procurement. So, it...