Study On China's Government Procurement System

Government procurement refers to a kind of action done by the government and its affiliated entities to procure goods, project and service with the financial capital. Due to the fact that government procurement is public-right conduct implemented by the government for the realization of social public benefits, the whole process of procurement can be restricted by the public law and supervised by the society. With the development of economic globalization and trade integration, government procurement gradually becomes an important manner of managing public expenses and keeping economic balance. While in the western, government procurement has already becomes an important means of effectively using public funds and macro adjustment.Since the entry of WTO, China also set up Government Procurement Law and other related law systems to regularize a large-scale government procurement market. However, many problems arise in the practice and Government Procurement Law shows its imperfection and flaws. It's certain that our country will join Government Procurement Agreement, therefore, with reference to Government Procurement Agreement; it is of top priority that the legislative work on government procurement in China should be improved.The first part of this dissertation is about the general ideas of government procurement, describing its definition, history, characteristics, nature and significance, especially exploring the aspect of its conduct and contract and representing my own ideas. The second part fully discusses the present government procurement system in China. First of all, I introduce the historical development of procurement in China, analyzing the legislative purpose, principle, parties, mode, procedure and relief manner etc. Finally, the drawback of the present system is mentioned. The third part relates to Government Procurement Agreement. Its origin and development are introduced in details; its content is fully analyzed and specific requirement for the legislative work in China is also made. In the last part, a comparative study between Chinese government procurement and Government Procurement Agreement is made. Many suggestions are mentioned, such as the legislative principle, the enlargement of the scope of the object and subject, the mode of procurement, the procedure, the relief manner and the mutual application of all the laws and regulations. Especially, in the aspect of questioning and supervision mechanism, what should be highlighted is administrative reconsideration, administrative proceedings and other means of relief to guarantee the right of suppliers, what should be added is the publication of procurement information, the procurement principles, the admission system of qualified suppliers and the green procurement.By analyzing the method of contrast analysis, this dissertation views the perfection of future government procurement legislative works in a developing perspective and presents my own constructive suggestions for the China's entry into Government Procurement Agreement in the near future. I hope that my ideas will be of some value to the perfection of government legislative work.