Government Procurement In China: Theory And Practice In Institution

This paper focuses its attention on the exploration of the specific problems and general trends facing the institutional innovation of the government procurement in China with the economic globalization and China's entry into WTO as a backdrop. With the nature of the economic globalization and the principle the liberalization of trade of WTO as a starting point, this paper dwells upon the international pressure faced by the system of government procurement in China. And the pressure is one of the important motivations which produce the institutional innovation of the government procurement in China. First, t makes a comprehensive innovation on the current WTO"Agreement on Government Procurement"and other international laws。Second, government procurement has its own general trends and requirements of development as a public administration system or public-policy administration system. the principles it follows, competition principle ,efficiency principle, transparency principle, and so on are the inner standants of modern government procurement which be able to realize public interests to its extent through be made efficiently. The innovation of the government procurement not only should adjust to the international pressure ,comply with the general trends of its development ,but also should adjust to the requirements of excellent public administration system which is public ,efficient, transparency。Besides introduction and conclusion, this paper consists of four chapters, dealing respectively with the theoretical basis and institutional design of government procurement, the necessity and condition of the establishment of the system of government procurement in China and the existing problems of our system, the basic components of our system of government procurement and the research on the opening of market concerning government procurement. Chapter one starts with the basic concepts of government procurement and performs a synthetic analysis of government procurement. First, the connotation and extention of the concept government procurement are analyzed together with the concept, characteristics, principles followed and the main content of government procurement. Second, efforts have been put to the exploration of the system of government procurement, including the birth and evolution of government procurement, the functional transformation of modern government procurement and the general conditions for the establishment of the system of government procurement. Third, the general framework of the system of government procurement is concluded, including the modes of procurement, the administrative institutions of procurement, the agents and users of procurement and the arbitration concerning procurement.Chapter two is about the government procurement under the background of the economic globalization. The analysis has been directed mainly to the general requirements under WTO Agreement on Government Procurement and other relevant international rules and regulations and their influences on the institutional composition of the system of procurement of domestic government. This chapter is composed of four parts. Part one is mainly on the economic globalization and the international rules and regulations concerning government procurement. The features of the economic globalization and the principles of the establishment of WTO are analyzed. Part two focuses on the analysis of the internationalization of government procurement against the background of the increasement of public expenses of nations. Part three is about the regulation of the global market of government procurement and the requirements of the buyers by WTO Agreement on Government Procurement. Part four dwells on requirements from other international rules and regulations concerning government procurement; all these specific requirements further perfect the fundamental spirit of WTO Agreement on Government Procurement.Chapter three is concerned with the motivation and principle of the reform of the system of government procurement in China. This chapter can be divided into two parts. Part one is about the driving force behind the internationalization of the system of government procurement in China, with the differences between concerning domestic and international legislations and the differences between GPA and our system of government procurement as the main focus. Part two concerns itself with the driving force of the reform of domestic government procurement and the existing problems and necessity for reform in our system of government procurement are analyzed from eight perspectives, namely the mode of dispersive procurement and the management of funding, the efficiency of the system of financial expense, the requirement of the functioning of the macro-regulation of financial policies, the requirement of the reform of the system of administration, the requirement of putting market economy under the rule of law, the requirement of the perfection of the distribution of resources, the requirement of the effective protection of national industries and the requirement of the further adaptation of our industries to the international market.Chapter four sets its eyes on the principles, objectives and institutional design of the reform of our system of government procurement. It can be subdivided into five parts. Part one is to integrate the international rules from WTO Agreement on Government Procurement with our domestic system and to single out the main tasks of the development and reform of our system of government procurement. Part two is about the working principles of our system of government procurement, making clear the openness, justness, equality, competitiveness, efficiency and transparency of the process of government procurement. Part three focuses on the strategic objectives of our system of government procurement, including the economization of our financial output, the lessening of the loss of social welfare, the heightening of our ability of macro-regulation, the increase of our innovative capacity, the ensurance of honest administration and the political means for the regulation of foreign trade. Part four dwells on the basic framework design of our system of government procurement, holding that our reform should be directed to the range of application, modes, forms and agencies of our government procurement and other facilitating reforms. Part five is devoted to the specific institutional designs and some detailed suggestions.The conclusion part of this paper leads the readers to see the challenges faced with China from the perspectives of domestic as well as international motivations. The reform of our system of government procurement should not only react against international pressures but also follow the general trend of the development of government procurement. A public, efficient, transparent and responsive system of government procurement should be established to diminish the gap between our system and the international ones, to raise our efficiency in the employment of public expense and to fight against corruption and waste.The innovative point of this paper lies in that efforts have been directed to the combination of the effect of international rules and regulations on our system of government procurement with the trend of our domestic reform. The integration of the requirements of these two motivations helps to point out the tasks, objectives and requirements of the reform of our system of government procurement and to provide meaningful suggestions for the further perfection of our system of government procurement.The possible defects of this paper also lies in the fact that this paper tries to combine the domestic and the international respects, resulting in the inability to dwell on detailed analysis on either aspects and furthermore, the two-layered focuses may lead to the obscurity of the narrative logic of the whole paper.