Legal Issues Of China's Accession To The WTO Agreement Of Government Procurement

Government Procurement legal system in the Western market economy country for more than 200 years of history. Along with the pattern of economic integration in the formation and development of government procurement law system has been extended to the field of trade, trade liberalization negotiations as an important aspect. Particularly since the 1948 GATT formal operation, the government procurement in the international trading system has been in a very special status. While the Government and its agencies is the largest economies in the purchase of goods and services, but the non-discriminatory treatment of trade rules usually do not apply to the Government for consumer purposes and the government procurement, thus forming a closed and an independent government procurement market . However, the regionalization of the world economy and the acceleration of globalization, countries have no choice but to the government procurement market gradually opening up. With some members of the WTO in 1994 signed the WTO Agreement of Government Procurement and the government procurement market to further standardized, international development in the direction of government procurement international legal system has improved steadily, and unified development.As the world's largest developing country, China, starting from 1995, government procurement pilot project. January 1, 2003 our country, "the Government Procurement Law" being implemented firms, for the protection of domestic industries to convert our law clearly specifies the principle of giving priority to either ready. However, protection can really promote development? In fact China's accession to the WTO five years of experience show that the more open the industry, the development of faster, more protected sector, the more overstaffing and inefficiency. China at the WTO to increase in the government procurement has made specific commitments: "China will increase since people from the date of a WTO Agreement of Government Procurement observers, and as soon as possible through the submission of bids Appendix 1, the beginning of the Agreement to increase negotiations " and in 2005 set up an expert group devoted to join the GPA agreement related issues. To April 2006 11, at the 17th session of the Sino-US Joint Commission on Commerce Trade, the Chinese government further commitments, will be in December 2007 and officially launched before the Agreement of Government Procurement negotiations. WTO international trade system will be divided into ordinary commercial market consumer and government procurement in two parts. The former China's entry into the WTO has made a commitment to open, and the latter for reservations. Some scholars said that China's accession to the WTO Agreement of Government Procurement is the second accession to the WTO. However, from the current development trend, China's accession to the WTO Agreement of Government Procurement is only a question of time.However, China's government procurement laws and regulations is not yet perfect, the paper through research of China's government procurement and the WTO Agreement of Government Procurement and the difference between the causes of accession to the urgency of the agreement, as soon as possible that China should strengthen the government procurement legal research and legislative perfect. According to China's government procurement characteristics of the development of the legal system, the paper proposes the development and improvement of China's government procurement system Suggestions, on China's accession to the WTO Agreement of Government Procurement to provide practical help and guidance.