Research On The Legal System Of Domestic Industry Protection In The Background Of GPA

The government procurement is now one of the important government's methods in various countries to manage the social economy life. As a result of the purchase main body, purchase aspect and so on capital source and purchase scale characteristic, government procurement become one of the important macroscopic economy regulation methods in market economy countries.Government procurement system in our country beginning in 1996, passed through more than 10 years development, our country government procurement market already begins to take shape, in 2006 the amount of purchases surpass 300 billion RMB. What opposite to the daily expend government procurement market is that, our country product obtains by no means should have cares for; the product occupied the absolute superiority in government procurement market of China is offered by foreign enterprise. At that time, the domestic industry will face a sterner situation in the government procurement market, how to protect the home industry under the GPA rule becomes a crucial question.This article attempts to propose some own legal ideas of domestic industry protection after joining GPA by modeling succeed in experience from the GPA member country and the area.This article content is mainly composed by the introductory remarks the main text. The introductory remarks the background and importance of the thesis, and has carried on the narration to present situation of this thesis in our country. Thus studies the subject for this article to propose makes the auxiliary pad.The main text constitutes by four chapters, First chapter mainly has carried on the necessity and the function of the industrial protection by government procurement, to devise the industrial protection legal system provides after joining in GPA as follows.This article thought government procurement has its necessity to the industrial protection theoretically. First, the home industry protection is decided by the characteristic of government procurement. Compares with the personal purchase, the government procurement has the particularity on purchase main body, the capital source and the purchase goal.Based on these particularities, the government procurement must undertake the responsibility of promotion state economy. But is precisely most important manifests to the industrial protection to this responsibility Next, our country is now a developing nation; there is a far distance between the competitive ability of our domestic industry and the developed countries. The international trade situation our country faces also decided the government procurement must carry on the protection to the industry; What's more, our country government procurement market occupies for the overseas product.Second chapter is the key part of this article. On the one hand, the international government procurement legal system urges the industrial protection to tend to publicly and Transparency; On the other hand, the need which of protecting the weak, the government procurement legal system has entrusted the industrial protection by the entity fair implication, the public and the transparency safeguards the industrial protection procedure to be fair during the government procurement.Next, the author analysis the protection pro and control aspects influences thorough to GPA basic principle and it's the exceptional rules, in the background of International government procurement legal system.The author will believe that, after our country joins GPA, except the opening the market of government procurement, non-discrimination and the transparency which is the two big principles of GPA limit to the protection of domestic industry, at that time, the home industry will face the unprecedented challenge in the government procurement market. But, from the aspect of exception clause existence jurisprudence foundation and the goal of the GPA exceptional rule establishment, the GPA exceptional rule has left behind the leeway for the government procurement in industrial protection. From the legal principle theory of law foundation of the exception clause existence, the exception clause is adjusts the universality and the particular need, is the coordinated overall goal and the individual benefit need, is gives dual attention to the non-main value goal that need. Inspects from the GPA exceptional rule establishment goal, the multilateral agreement development tendency of GPA request more developing nations participation, but it is difficulty for the developing nation discard the huge benefit that the industrial protection of the government procurement brings.Therefore GPA makes the concessions, the hypothesis exceptional rule permits under the member side certain condition the industrial protection. Therefore, the industrial protection certainly does not conflict with the GPA rule.In addition, the author also has carried on the analysis between the industrial protection limit and the exception relations of GPA, The author believed that, the GPA exception clause establishment is the way to realize international trade magnification and the liberalized goal.Therefore, limits the industrial protection in the GPA rule is the mainstream, this tendency prominently displays in the strict condition of using exception clause of GPA.This chapter analysis the favorable factor and the disadvantage factor which faces to the industrial protection after our country joins GPA in international government procurement legal system. Deepening to international government procurement system understanding, for better constructed the legal system for the domestic industry protection under the GPA.Third chapter is procurement the industrial protection practice inspection to the GPA member country and in the area government. Joins GPA by no means the domestic government procurement market certainly will hold by other member sides. Domestic industry still occupied the absolute superiority in the government procurement market for majority GPA members.Chapter four is the key chapter of this article. The first three chapters of elaboration are the foundation for construct the home industry protection law system under the background of GPA. This chapter construct the home industry protection law system from the following four aspects: determination suitable opening scope of government procurement market; limit the standard of the domestic products which the government should procure; first purchases our country product and small-scale enterprise the concrete measure and the formulation the preferential policy four aspects roughly the frame makes the preliminary idea to in our country government procurement industrial protection system. The article main contribution lies in: First, proof the validityby using the exception clause of GPA to carry on the industrial protection from the exception of the legal principle theory of exception clause's existence and the Perception clause legislation goal. Believe that the government procurement legal system urges the industrial protection trend public, transparent and fair. Third, by comparing the industrial protection system model in government procurement of GPA members, carries on the representative national procedure of the reorganization, and obtains the industrial protection concrete measure which suits our country government procurement. Fourth, construct the home industrial protection legal system overall frame in our country government procurement and proposes the rational tentative plan.