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The State-owned Enterprises Problem On China Joins The "WTO Agreement On Government Procurement"

Posted on:2012-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2166330335463148Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Officially launched in 2007, China joined the negotiations of "WTO Agreement on Government Procurement".The subject of scope of government procurement has been the main point of contention, while most of China's huge and complex state-owned enterprises led to problems. For the conservative attitude of the traditional practices and consistent, of course, China want to completely rule out the state-owned Enterprises. However, the finalization of the list depends on the outcome of the negotiations, that is, the scope of commitments. We hope to get the results of negotiations will be perfect. We should also recognize, if we want to join this agreement, member states are eager to achieve win-win results, so we need to leave room for compromise or find some reasons are acceptable. As to state-owned enterprises, and in fact there is room for consideration.For this problem, member states also have some reference.For this issue domestic state-owned enterprises have two voices, supporters and opponents.Supporters recognized the state-owned enterprises'including is good to state-owned enterprises'reforming, market deepening and the with the trend of international, is beneficial to the country. Opponents argue that the state-owned enterprises with poor and weak cannot compare with other countries'. Now that the reform of state-owned enterprises will going on, and sooner or later will be fully market-oriented, then of course excluded from the scope of government procurement. As well as that the "Government Procurement Law" of our country it has been ruled out of state enterprises, we should act according to domestic law. No matter how controversial, for the problem of inclusion of state-owned enterprises, we proceed step by step from the fact.The specific text of the GPA, for the definition of government procurement of the main criteria is the "government purpose standard" and "government control or influence standard". In fact, the purpose of standards is a prerequisite for subjectivity; control or influence standard also obscure. State-owned enterprises on government procurement issues, only two cases in WTO, they can see the trend of expanding the jurisdiction of GPA, as well as the sustainability of the procurement is also difficult to judge. These require further determination.China's state-owned assets in the performance of four types, namely:state-owned enterprises, state-owned companies, state-owned holding companies, state-owned joint stock companies. In the traditional sense, first three types can be recognize as state-owned enterprises, Models from these companies can be seen in the degree of influence the government, combined with the most recognized three factors of "government control or influence" in the world as:the nature of the public funds, non-competitive nature of procurement activities and the public nature of procurement. Add with continuous Consider on this issue, perhaps we can create some kind of formula to find a more reasonable standard of negotiations, or explore a little convincing basis.
Keywords/Search Tags:GPA, state-owned enterprises, governmental purposes, government control or influnence
PDF Full Text Request
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