Government Procurement System

Government procurement is one of the most important issues with a view to achieving the liberalization of world trade and an important tool for every government in the world to manage social economic life. It is also a crucial part of Chinese public finance payout reform. However, China lacks successful experience and related legislation as needed in this field. Internationally, European Community has tried to establish regulations on government procurement early in the 1960s and 1970s. In the 1990s, UNCITRAL carried out the Model Law on Procurement of Goods, Construction and Services. APEC takes government procurement as an important issue pertaining to the liberalization of investment and trade. GATT and WTO also list government procurement in the topic for discussion of world trade and raised relevant plurilateral principles. There are also some successful legislations and practices in foreign countries and regions (such as the United States, Hong Kong and Taiwan), all of which, including the development mentioned above, can be utilized as reference for Chinese legislation on government procurement.Using the methods of comparative study and case study, the author made great efforts to examine and anyalyze the government procurement regulations adopted by international organizations as well as those of other countries and regions around the world. The author also probed into the corresponding provision of Government Procurement Law in China, and tried to give some suggestions on improving Chinese government procurement policyLeading Remarks This part illustrates why and how the author studied this subject. The first section sets forth the necessity of the enforcement of government procurement in China. The second section introduces the current situation of government procurement and the relative legislation on government procurement in China. The third section accounts for the outline this thesis and comments on some of the content and argument. The purpose of the research is also briefly mentioned in this section.Chapter I Basic Theory of Government Procurement System This chapter discusses the basic theory of government procurement system. The first section construes the concept and characteristics of government procurement, clarifies some misunderstandings on government procurement. The second section analyzes the legal essence of government procurement by exploring the nature of government procurement contract as well as its status in legal system.Chapter II Outline of Government Procurement System This chapter introduces the legislations in some countries and regions and those of EC(EU),GATT(WTO), APEC and UNCITRAL on government procurement, giving prominence to the legal essence of the latter.Chapter III Comparative Study on Government Procurement Regulations This chapter examines the international regulations of government procurement. This chapter is dedicated to the administrative structure, general procurement policies and practices, publication of procurement information, channel for complaint/appeal, supervision etc. of government procurement in Australia, Brunei Darussalam, Canada, Chile, Hong Kong, Indonesia, Japan, Republic of Korean, Malaysia, Mexico, New Zealand, Philippines, Singapore, Taiwan, Thailand and the United States and EC(EU), GATT(WTO), APEC, UNCITRAL. The author also comments on the corresponding provision of China legislation in this part.Chapter IV GPA and China This chapter examines the relation of Government Procurement Agreement (GPA) and Chinese countermeasure. The first section looks backwards the evolvement of GPA, analyzes its property and status. The second section reviews all GP cases settled by DSB, specially on the United States-Korea - Measures Affecting Government Procurement Case at length. The third section introduces the relative promises during the negotiation on China entering WTO. Finally, the author analyzes the choice of China as a member of WTO facing GPA, suggests that China should be a party to the Agreement at proper time.Ending...