Study On Legal System Of Government Procurement

Nowadays, under the conditions of the market economy, it becomes more and more popular to have the government procurement for the purpose of social and public utilities, infrastructure and the macro-control. Compared with the private procurement, the government becomes the biggest consumer for the scale of whose is huge. Therefore, it becomes an important content of the legal system in modern countries to regulate the new trend in the economic field.Till now, the basic legal systems of government procurement have been formed in China, including: Law of the People's Republic of China on Tenders and Bids in 2000 and Government Procurement Law of the People's Republic of China in 2003, as well as some other no less than 20 laws and regulations in links of the government procurement, such as, the Budget Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Product Quality of the People's Republic of China, the Audit Law of the People's Republic of China, and Administrative Reconsideration Law of the People's Republic of China, etc. What needs to be focused on is that two new regulations have been released by the Legislative Affairs Office of the State Council of the People's Republic of China in September, 2009 and January 2010. One is The Regulation on the Implementation of the Law on Tenders and Bids of People's Republic of China, the other is The Regulation on the Implementation of the Law on Government Procurement of People's Republic of China. Seeing from these new regulations, there are many convergences to the Agreement on the Government Procurement (GPA). It is obvious that China makes great effort to link up the domestic and the international gap. However, from the general view, the legislations in China lag behind the practice. Therefore, the task of how to catch up is both for academic and practical fields.Having a study on the past research, we can see that the research on the legal systems of government procurement pay more attention to the fields of administrative law. As a result, the scholars who have research on it are almost of administrative ones. However, in the writer's point of view, to see from the nature, the act of government procurement should be defined as civil practice, but not administrative practice. For this reason, only the research is done from the view of civil law, can the government procurement system be operational. Besides, there are some inconsistency in Government Procurement Law and Law on Tenders and Bids, which makes the laws difficult to apply. So, the two laws should go under consistency. Moreover, what method of judicatory relief should be chosen when the right of the suppliers are infringed? To choose the civil procedure or the administrative procedure? What's more, now China are negotiating to join the GPA, so it is necessary to have the domestic laws and the international rules integrated. What are the differences between the two? How to concordance with each other? Can the newly released The Regulation on the Implementation of the Law on Government Procurement work? These are issues which need to solve and worth to study. For this reason, this thesis develops to have a study on the legal systems of government procurement.