| Chapter 1, Exordium:Following the international economic function with the development and General Agreement on Tariffs and Trade of the international organization, ' the government procurement Agreement ', is discussed that WTO 'the government procurement Agreement' was abbreviated as (GPA ) and it is now too to become the final law in 1994. Former President Jiang Zemin held in Dabarn of Japan the minister in charge of organizational work of APEC Conference in December of 1995, will book and promise with the leader unofficially that China will be to the Asian-Pacific area in 2020. The member opens the government procurement market reciprocity through will shut.Because of the multilateral range involved of Agreement is too wide in WTO, so it concentrate this text main focus, it will talk about since government procurement Agreement of " side Agreements " not so-called. And 4 Agreements of all side Agreements are: Civil airborne vehicle trade agreement, Government procurement Agreement, International dairy products Agreement, and International beef Agreement. Whether regard government procurement Agreement as the main topic probe into, other three Agreement state, consult only slightly now.This text is divided five chapters altogether.The importance of the government procurement Agreement, to do the basic exposition for WTO, because it can impel Chinese enterprises to move towards the international public market and move to maturity in world, so it should catch the opportunity, and use the government procurement barrier in the country to improve and train the economic competitiveness of national enterprises, like a lot of developing countries, China still lacks the condition of entering global arrangement of government procurement liberalization at present, because the Chinese products lack the international economic competitiveness, adopt the main reason not joining government procurement immediately, it is the government that adopts and does not open at foreign products and service at the present stage in purchasing, in order to use the government's public expenditure to cause an economic market which supports domestic supplier's development.The Motivation of Research:The quality that the relevant personnel of the government handles the atmosphere ofgovernment procurement may influence the whole social culture and values even more; In this border, every domestic public affair organ meets with this great change in accordance with the purchase decree followed, purchase system purchase to public affair organ how about it will be influence that the performance causes newly, it is an important subject for research.Purpose of study:Because of the trend of the internationalization, making China faces the international and strong competitiveness. In order to base on world arena, it have to mould the government which has the efficiency as direction and honest, and undertakes for the hand transformation via three respects such as tissue, manpower, legal system, etc., and make use of and strengthen the administrative performance through reform, quality by improving national competitiveness, administrative efficiency and serving the people.The range of research:The range of this research plans to probe into the rule and introduction of Chinese legal system first, and direct against the backgrounds of China, decree system evolution of Chinese Taipei and its system of government purchasing, collect the relevant materials, analyze that two sides purchase the background, procedure and relevant legal result of the regulation in the administrative office now at the same time.Above the all statement, I think: Will talk about the research step of one article of government procurement Agreement in all WTO side Agreements first, simple Stating, subject matter materials, procedure planning to be studied, what has been done for this text passes the category of latitudes, in order to expound the fact that convenient clear. This help from all walks of life teacher understand student grind direction of theory, in order to appraise through discussion, reference that read and appraise in good time.Chapter 2:<>And the formulation background of the Chinese system of government perchasing and due obligation,Explain the development because of the system of government perchasing of countries, such as U.S.A., Great Britain, France,etc, enlightenning people's government procurement can realize one country's economic policy purpose, U.S.A. the United Nations economy social committee when establishing, put forward first name to the United Nations in 1946 " International Trade Organization's charter (draft) ",,demand to regard most-favored-nation treatment and national treatment as the principle of thegovernment procurement markets of countries all over the world.China (also call our country followingly): With the enlargement and frequent of the international economic association activity opening to the outside world, especially after World Trade Organization Uruguay Round is negotiated, the forming of the new " government procurement Agreement ". Making the norm in usage, China government procurement market becomes the objective request for accession to the WTO, then, China begins to begin to make a promise to the open government procurement market in the contacts with outside world, would purchase the market from reciprocity open government of APEC economy in 2020.Chinese Taipei is in order to cooperate with the world trends to pass the draft of' government's law of purchase ' at the end of 1996, repair the purchase of the project, property, labor service to the camp of every organ, set up a set of brand-new basic norms. This is government's reform to purchase a great step that the system steps out, it is extremely far-reaching to influence.Main content of" government procurement Agreement": Its suitable target, used in each signing the country to promise the open central organizations, first class local organ of central following time (Sub-central Government Entity ), project, products and service purchasing case handled of other organs (Other Entity). Its scope of application: Purchase the unit. And is only suitable for each signing the government procurement entity listed in the square commitment form after enclosing in " government procurement Agreement ". They are central government, local government and other purchase unit including public utility unit separately and list with the inventory that is submitted. The purchase unit that only lists in the inventory subjects to the domination of this Agreement, the other purchase unit beyond the inventory is free from Agreement's restriction.Three basic principles of " government procurement Agreement ": Non-discrimination, transparency and competing for the basic principle that is that member's sides of " government procurement Agreement " must follow fairly while carrying on government procurement, at the same time member's side must also set up the different procedure of booking for the supplier. Suitable case of WTO government procurement Agreement: Divided into the project, products and served three kinds. Every signatory to scope of application, project of case, unanimous according to unite the beginning central goods categorised building that chapter 51 label, building defence works accurate; To the scope of application of the case of the products, is except that the alert organs of national defence organ and a few person have products special project especially listing suitable or not suitable Agreements, other suitable organs have not arranged theway and labelled the open products special project inventory with the front form ; Listed the open service special project separately by various countries for serving the scope of application of the case, for example advisor's advisory service, architectural design service, advertising service,etc.The suitable amount of money of threshold: Suitable for exceeding the minimum limit in value, is also called the contract of prices of the threshold. To the products and service of central government procurement, the threshold price is more than 130000 special drawing rights (SDR) (nearly equal to 178000 dollars); To the products and service of local government procurement, its threshold of prices have nothing in common with each other, but generally in more than 200000 special drawing rights (SDR); To the public public institution, the threshold prices of the products and service are usually in more than 400000 special drawing rights (SDR), in the building contract, the threshold price is generally above 5000000 special fund right. Abrogate " international dairy products Agreements "with " international beef Agreement" at the end of 1997.The Agreement purchase way and procedure confirmed of government procurement: The government procurement Agreement, as a part of the legal frame of World Trade Organization, its legislative aim lies in impelling internationalization and government procurement legal system internationalization of government procurement, government procurement, require the government procurement subjects of various countries to surmount the national boundaries to choose the supplier in the country to break trade protection nature, regard as the key standard of designing the government procurement way with price, quality but not other commercial standards. In the hope of realizing economic resource freedom flow and freedom disposition in the world. For this reason, the government procurement Agreement has done the intact regulation to government procurement way and procedure.This chapter thinks in person: In should in line with international division in the world nowadays, resource circulate mutually beneficial, fair principle each other, handling the competitive bidding in one cubic meter of Agreement norms in accordance with purchasing of every member, this is for guarantee the realization of the Agreement non-discrimination treatment principle of government procurement and open, fair, just principle, so, the government procurement Agreement should do the regulation of rigorously ing enforce to competitive bidding and procedure.Chapter 3,Analysis of the scope of application of government's laws of purchase of two sidesThe law of purchase of government in Chinese Taipei, before implementing on May 27, 1999, it have decree not single norm,but it is with the getting more miscellaneous to and can't accord with not auditting more by right and legal norm where executive power dividing very quite, cause and audit the mutual interference of the right and executive power, also cause the obscurity of legal nature. After it implement,project, labor service and purchases of property the every organ one the getting more unified from government law of purchase norm, build and construct the first government procurement regulation with intact structure of Chinese Taipei. Thought that the public affair organs at all levels carried out the homework criterion of government procurement and consulted, after what has been purchased the system newly is implemented, represent a fair, just, open, transparent, efficient new office of government procurement.Relevant regulation of the law of purchase of Chinese Government: Carry on the large-scale infrastructure in recent years within the territory of China, social public interests of relation, such as public utilities, etc., public security project, use the special project of state-run fund or national financing, use the international organization or the foreign government to grant the loan, managing and relevant important equipment of engineering construction, material, etc. are purchased to help the reconnaissance, design of the engineering construction special project of the fund, construct, must call for bid in accordance with this law. In order to improve the utilization benefit of the government procurement fund, maintain national benefit and social public interests, protect legitimate rights and interests, party of government procurement,, promote honest can and construction make.Regulation that the construction enterprises of foreign investments of two sides are correlated with: By foreign corporation, enterprise or his economic organization or individual, according to the equal and mutually beneficial principle, with the approval of Chinese Government, within the territory of China, running with one or several Chinese company, enterprise or other economic organizations together, common enterprise trading in and joint share in profits and losses. Wholly foreign-owned enterprise, adopt limited company's form, obtain legal personality in accordance with the law, but Chinese Government can seek and accepting according to the legal procedure, and offer suitable compensation.The applicable to analysinging of procedure of award of bid that government procurement regulations of two sides call for bid: Chinese Government and Chinese Taipei purchase and call for bid the bid way, name and because content differentiate basis ' government procurement Agreement' or ' the United Nations trade law committee goods,project and service purchase demonstration law ' different to some extent, unable to is it compare to go on according to the same standard, but to call for bid way in accordance with dealing with the important document each.Strive to deal with the relevant and fixed one and applicable to analysing definitely in two sides' government procurement: The economic behaviours of the government and manufacturer, if the treatment regular meeting without justice causes the unnecessary dispute, so the relevant personnel is besides must be familiar with the relevant decree regulationing, also a relevant supplementary measure solved answers, could make both parties utterly convinced, so the government will have it outside a relevant decree norm soon, the appeal system that will still have public trust is not accepted with the different lawsuit made, depend on the regulation of the relevant decree with the just position, make the core which conforms with the legal principle feeling and solve the case definitely of fighting for of both sides. Stating the law of purchase will fight for the treatment relevant measure of the case definitely to both sides.This chapter thinks in person: The unfair treatment regular meeting causes the unnecessary dispute, so the relevant personnel is besides must be familiar with the relevant decree regulationing, because still a relevant supplementary measure solved answers, the relevant personnel wants to establish the concept of the rule of law. Administer the state according to law, manage money matters in accordance with the law, purchase the basic demand carrying out the general plan of running a country in accordance with the law in accordance with the law, it is a job requirements to the centralized purchasing organization too. All parts must establish this consciousness firmly in implementing the government procurement work ". The centralized purchasing organization should strengthen legal consciousness, form the conscientious habit that operated according to the legal rule, purchase in accordance with the law, in order to avoid the dispute.Chapter 4:The influence on China's government procurement mechanism of the government procurement Agreement after entering the WTOThe government procurement Agreement after entering the WTO, the influence on China's government procurement mechanism is very great, for instance: Accelerate the international division inside the service trade of government procurement, bring the growth of global trade, the enormous function played in the liberalization of trade of the goods in " General Agreement on Tariffs and Trade " after World War II, " General Agreement of service trade " will deepen the international division inside the service tradetoo about government procurement, strengthen the cooperation of every member on the basis of liberalized progressively, make the service trade of government procurement increase constantly. This contributes to high rate of unemployment of developed country, will promote the development of international division of service trade, make the service trade receive more employed population, the high rate of unemployment of the western developed country to a certain extent, and receive and develop a large number of surplus rural labor forces in China's structure high speed, make workforce's resource distribution more rationally. And it is promote the development of trade of the goods to accelerate, various kinds of economic activity of human society to influence each other, interdepend, can't separate completely. So, the enlargement of service trade of government procurement must follow the growth of trade of the goods, the two mutually promote.Purpose to sign government procurement Agreement, aim at opening the mutual government procurement market each other, treat the manufacturer of other signature country equally, follow certain purchase procedure together, purchase information publicly, sets up the manufacturer and appeals the system, and as signing the irrigation ditch of communicating with each other, consulting trader between the countries. China makes government's law of purchase for this, so that the purchase homework of every organ can accord with the regulation of an Agreement, it roughly has the following situations to main influence that the system of government perchasing causes in the country: The system of government perchasing melts sound, the government procurement procedure comes into the open, the government procurement information transparence, management system internationalization, award of bid of government procurement are evaluated and made clear, the manufacturer appeals institutionalizedly, the malfeasance is punished and made clear, stipulate except stipulating and defend the fraud clause, includes in the social economic measure, appropriateThis chapter thinks in person: Should confirm the position of China as soon as possible at first. Treat the joining question of the government procurement Agreement with the eyes of strategy. The opening of the government procurement market is the certainty of economic integration of the world, bring the question that is only time into Agreement of World Trade Organization by itself, any countries, governments can't avoid this reality. If is it compare to purchase with enterprise, though government procurement have particularity of it, although can't with commercial for the purpose, however, government procurement concerns the flow of goods, personnel, fund and service too, a competition, the transparent government procurement market can not do without the opening environment of the internationalmarket. So, China should treat the question of joining " government procurement Agreement " actively, must be ready ahead of time, study the situation that the global government procurement market and various countries purchase the policy early, study the international practice of government procurement, use the experience of various countries for reference, study the countermeasure that China should adopt, precautionary measures and regulation after making the government procurement market open. In this way, when the government procurement market opens riply, the relevant department of China will not be gone beyond the assaulting of expectation.Chapter 5, Conclusion:With the deep development of the government procurement work, the emerging constantly of and high-tech products, the legislative content of China's government procurement, is expanding constantly. Like U.S.A., though the legislation of government procurement, has had a history of more than 200 years already, but still supplementary, revise constantly now.Study in depth, research government procurement and relevant legal rule of WTO. The legal system of World Trade Organization is a modern developed fastest, latest, most dynamic class, it is the important component of the modern international legal system. The rules of organization of World Trade Organization not only break through to the thing that traditional country's legal systems are many, but also its law all have one's own characteristics from entity's content to norm of the procedure. In the face of this brand-new field, China should not merely understand, should further investigate its legal rule and actual operation even more, can just safeguard the benefit of China effectively.This chapter thinks in person: If can direct against the relevant regulations of the law of purchase of Chinese Government, the Law on Public Bidding, it wait for by Chinese Government the legislative bodies not defining clearly at the time of the laws of revising, otherwise if depend on the relevant fixed discussion at present strictly, its government procurement about the service or the goods really has no way of carrying out it in accordance with laws of purchase of their governments, have not had reason which thorough government procurement procedures have stipulated to cover its government's law of purchase. And when every government procurement is applicable to the Law on Public Bidding of China in an all-round way, have conflict with government regulation, law of purchase of article 4 first, if project, goods, government procurement of service have to be suitable to apply the Law on Public Bidding second, otherwise when being unable to carry out, show its government's law of purchase and unable to reach the task of...
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