The Law And Economics Analysis Of Government Procurement System

Current research on government procurement system basically focused on one or a few areas, such as the policy of the government procurement system function, improving the government procurement system in the context of globalization, or research from the perspective of law. But the literature very few from the perspective of law and economics to analyze the government procurement system, this paper a comparative analysis, empirical analysis and other methods, law and economics from the perspective of the government procurement system has been a comprehensive study of economics and law, and In the economic globalization, post-crisis era, the revitalization of the context of economic development, China's government procurement system to explore the problems, and how China's government procurement and international standards, changes in the GPA gives us opportunities and challenges of the conditions, should be how to protect National industry and promote economic development, opening up procurement markets in China and put forward suggestions.Paper is divided into three parts :Introduction, Text and Epilogue:The introduction of paper mainly expounds the background of topic-selection and significance, summarizing literature, research methods and innovation. We can embody the paper's writing theoretical value.Text includes four chapters:The first chapter is an overview of the government procurement system, first outlined the concept of government procurement, features, followed by domestic and foreign government procurement system, the development process was reviewed, the final function of government procurement from the economic, social and political aspects of the three .The second chapter researchs the Government Procurement Law and Economics. This part of the government procurement system, including supply and demand analysis, supply and demand analysis, performance evaluation and analysis and join GPA on the domestic government, enterprises. So as to arrive at the present stage of the supply needs of the government procurement system in a non-equilibrium state, and government procurement in order to effectively control costs, improve purchasing efficiency, rational scientific assessment of government procurement efficiency, flexible operation of the assessment results, and avoid weaknesses, take advantage of the relevant provisions of GPA Strong conditions for developing countries and seize this opportunity to the international procurement market in our country, then the sound legal system, government procurement and support measures is imperative.The third part talks about the current situation and China's government procurement problems, China's government procurement from the start the Shanghai Finance Bureau in 1995, pilot activities of government procurement, after ten years of development, government procurement achieved by point to the surface, the system to explore the rule of law Management, from the domestic to the international historic leap. It has made great achievements during the period, mainly in: gradually expand the scale of government procurement, the structure more reasonable, and efficiency significantly;the government procurement system to make progress, laws and regulations have been gradually perfected; obvious function of government procurement policies; Government Procurement Open and transparent operation mechanism so gradually. But China's current government procurement system and the maturity of the standards of modern procurement system, there is a gap, there can not be ignored, such as: (1)Government agencies still need to improve the management of procurement, such as: running body positioning is unclear government procurement Power and responsibility is not clear, procurement agencies can not do to "take control separation, " non-standard part of the government procurement operation, the government procurement supervision systems and measures in place, the quality of procurement needs to be improved; (2)the scale of government procurement, small, narrow ; (3) the legal system lags behind the government procurement, such as: China's "Government Procurement Law " to determine the laws of our government procurement policy framework is too general and in principle, difficult to operate in practice, China's "Government Procurement Law " Comparing Application Narrow, can not ensure that government procurement law, the law and the law and supporting coordination between the imperfect, there is contradiction; (4) The functions of government procurement policy in place, such as: inadequate protection of national industry, lack of innovation driving force for small and medium Inadequate business support and other issues.The fourth chapter explains ways to optimize government procurement system, procurement cost control is an important indicator of effectiveness to ensure that the procurement, in order to control the cost of procurement to achieve cost-effective procurement must be perfect from the start of the government procurement system, including ,(1)strengthen the management of the procurement system, such as the procurement of basic principles of clear, defining the scope of the procurement of the main, optimize procurement, purchasing, procurement procedures and the normal operation of thinning mechanism;(2)Construction of government procurement laws, systems, such as improving government Procurement of the legal system, the establishment of supervisory and restrictive mechanism, improve procurement performance evaluation, the establishment of relief system, reform the budget system, etc.;(3)to promote government procurement online business, and "Sunshine procurement ";(4) strengthening the policy functions of government procurement.Epilogue mainly summarizes the core and main arguments of whole paper for making readers to understand the purpose of the article fully.