A Study On New Development Of Government Procurement Agreement Of WTO

Agreement on Government Procurement had the new revised edition in 2006. Comparing to GPA(1994), this new edition occurs new content which will affect the practice of international government procurement. Thus, discussing the change of GPA(2006) not only help to provide contermeasure for relevant practice, but also help to provide pertinence advice for perfecting our country 's Government Procurement Law.This article starting with GPA's headstream first, discussed its developing internal rule, especially diging its internal and extrinsic causationt thoroughly. The internal reason of law's develop has closely relation with economic generally. Just about economic development enlarges the market of government procurenment, and brings free trade. The expanding of market brings the need of lawmaking and increases country's intercourse. In order to maintainning the benefit of its homaland, countries always establish some restriction on government procurement which can become trade barrier. However, free trade and trade barrier are conflicting essentially, which goes against the orderly competition of global economic. Thus eliminating the barrier and accelerating free trade require the need of international lawmaking on government procurement. Thus, free trade and market's requirement compose of the internal reasons of GPA's appearance. Discussing extrinsic reason of GPA's appearance bases on the negotiation of WTO members, according to which the article summarizes the progress of GPA in the Tokyo Round, the Uruguay Round and the Duoha Round of Trade Negotiations.Based on the developing rule of GPA, the article compared GPA(2006) and GPA(1994) from three layers, which are the legislative technic, general principle and content of GPA. On analysing legislative technic, the article discusses the change on language's expression, number of clause and the framework of content.At the same time , the article illustrates the academic and practical meanings of change. On discussing the general principle, the article mainly clarifies the change on National Treatment and Non-Discrimination of GPA. Then analyses the change and its meanings on scope and coverage of GPA, on manners and process of procurement and on remedy system between GPA (2006) and GPA(1994).At last, the article summarizes GPA's developing rules and the shortage of GPA(2006), and brings forward the trend of GPA 's future developing.The study to GPA is to serve domestic legislation, thus, the article regards China's Government Procurement Law under the standard of GPA(2006). And advances the suggestions about perfecting our countory's Government Procurement Law from two aspects. One is perfecting the law system, which mainly puts forward some advices on applying body and applying object of government procurement, on the manner and process of government procurement and on remedy system of government procurement. The other is perfecting the guarantee system of the law's actualization, which mainly put forward some advices from technic aspect and supervise aspect.