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A Comparative Study Of WTO "Government Procurement Agreement" And China 's Government Procurement Related Laws

Posted on:2015-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y N LiuFull Text:PDF
GTID:2176330422972989Subject:International economic law
Abstract/Summary:PDF Full Text Request
China’s WTO accession has been nearly13years, the breadth and depth of theWTO study continues to deepen. In2001joining the WTO, China pledged to joinWTO "Government Procurement Agreement", and became its observer country in thesecond year of joining WTO.At present, China’s government procurement system is still in the stage ofdevelopment and improvement. In the beginning of this century,"BiddingProcurement Law","Government Procurement Law" and other laws on governmentprocurement were successively promulgated and implemented. Since then, a series ofaccompanying regulations, rules and other legal documents have been put together, toform the country’s government procurement system.In the future, once China’s accession to WTO "Government ProcurementAgreement", the differences in the provisions of laws, regulations, rules, documents,must be revised accordingly. This is one of the necessary conditions to join WTO"Government Procurement Agreement".Our submission of the application and the first bid list in late2007, to join theWTO "Government Procurement Agreement", marks the official launch of thecountry to join WTO "Government Procurement Agreement" in negotiations. Up tonow, China has already submitted a list of four bids, in the recent three years, the paceof negotiations has been significantly faster than the initial.My own work is closely related to government procurement, which intrigue mefrom the moment when selected the subject of thesis. In the process of preparing thearticle, I carefully studied the WTO " Government Procurement Agreement" and thegovernment procurement policies in its important members of the party, in order tocontrast, confirm our current system of government procurement law. Compared withthe WTO "Government Procurement Agreement", China’s government procurementsystem, both with the same or similar parts, also has a regulation of different parts.Based on WTO "Government Procurement Agreement" and the status quo ofChina’s government procurement system, comparing the similarities and discrepanciesbetween the two,discuss the influence of our future government procurement whenwe join WTO "Government Procurement Agreement ", which is the core of this article.This article is based on the provisions of WTO "Government ProcurementAgreement ", the current situation of China’s government procurement system, andcontrast similarities and discrepancies related systems, so as to explore to join WTO"Government Procurement Agreement", the future of our system of governmentprocurement laws, what might bring kind of change impact. These will be focusing onin this article.The article is divided into five parts:The first part introduces the development situation of government procurement.Introduce the definition of government procurement system, characteristics,production, development, as well as the behavior of the government procurementsystem across the country, the regulation respectively in OECD and WTO during theperiod of institutional regulatory situation.The second part describes the specific content of WTO "GovernmentProcurement Agreement," elaborated from five aspects respectively, the basicframework, the objectives of value and basic principles, the scope, the procurementextent and procurement procedures, the relief system.The third part describes contents of the relevant government procurement legalsystem, consists of two parts: Overview of China’s legal system on governmentprocurement law, and related content of government procurement laws.The fourth part, the main contrast similarities and discrepancies between WTO"Agreement on Government Procurement" and our government procurement laws,points out the similarities and discrepancies, take the evaluation for the discrepancies,and make appropriate recommendations for specific changes to regulations.The fifth part is based on China’s accession to WTO " Government ProcurementAgreement" process, to explain the possible direction of future changes ingovernment procurement laws.
Keywords/Search Tags:Government procurement, The WTO "Government ProcurementAgreement", China’s government procurement system
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