A Comparative Study On The Purchase Of Domestic Terms Between China And

The main content of buy American provisions exist in the buy American act in 1933, the American recovery and reinvestment act, berry amendment, the ground transportation assistance act, and other legal documents. The main content of buy Chinese provisions contain in the government procurement law, outline, bidding management method and job of the development of the nine ministries and commissions, and other legal documents. Chinese legislation progress is far behind the United States. The United States has a systematic and perfect legal system. Compared with the United States buy local legislation, in terms of buy legislation in our country there is a lack of special legislation, the provisions of concentration, the content is too general, lack of operability, etc.In the implementation of buy American provisions, no mater American goods should be bought, American goods must be bought, which made many companies confused and caused condemn from the world. But look from the existing data, the protective trade policy does not hinder the U.S. economic recovery as predicted. The implementation of buy Chinese provisions encountered obstacles because of psychological reasons and imperfection of buy Chinese system. Chinese goods suffered discrimination. Purchasing national goods still need to be guided. In this case, the international community has also accused China of doing trade protectionism.Both buy American provisions and buy Chinese provisions are a kind of trade protection measures, which can be divided into legitimate and illegitimate measure. Legitimate measures have advantages which make nations what have their buy nation provisions. Illegitimate measures have disadvantages. Buy nation provisions is a double-edged sword, give full play to its function, should improve our country buy provisions, improve the response capacity. The improvement of buy provisions, on the legislation side:first, to establish and improve the special buy products act and related regulations; second, to stipulate domestic standards. third, to improve the regulations on legal liability. On the implementation side:first, to choose relationship between national security, about the public interest, has the important strategic significance, has the competitive advantage of industry; second, The implementation of the buy provisions is temporary, when a disadvantaged industry international competitiveness then stop protection; third, the industry fostering advantage can not damage the existing strategic industries at the expense of; fourth, we must pay attention to cultivate and improve the protected the innovation and competitiveness of enterprises;fifth, to eliminate the external air clauses monopoly as the first goal, at the same time to prevent forming new monopoly in China; sixth, the implementation of the buy terms must be valid, for the protected enterprise is still in a disadvantage situation should put an end to. Improve the ability to cope with buy-domestic terms, the Chinese government need to actively join the GPA, encourage small and medium-sized enterprises to enter the United States government procurement market.The breakthrough of this article is to use comparative method to analyze buy local provisions of American and China. The shortage of this paper is due to limited time and level, the content and structure of this paper is not professional enough.