Government Procurement Supplier Rights Protection Mechanism

The first years of 21st century witness the penetration of China's economy's entry into WTO-the global multilateral trade system. It follows that gradual opening of Chinese governmental purchase market and internationalization of its activity will prevail in the coming economic reforms. AGREEMENT appears not to be binding on China's entrance to WTO and its decision to sign it or not remains at our own discretion. However, the track of its development reveals that it will not be permanently precluded from WTO's multilateral agreement framework. AGREEMENT per se stipulates a system advocating discipline and legal binding, with openness, competition and transparence being the core. It requires Chinese law to enforce on international accords and also allows unfairly treated suppliers to confront legally the contracting government. On the other hand, based on the public finance theory, governmental purchase system is the offspring of state intervention on economy as well as the logical result of modern market economy's development. Governmental purchase system, in which Government plays a multifunctional role, has a series of distinctive characteristics which private purchase doesn't have. It pursues diversified goals and applies a special and critical influence on the national economic life. Functioning of governmental purchase and realizing of its goals depend on multitudinous supplier's active participation and law's full protection to their legal rights. Consequently, urging government to align with international practices, modifying Chinese governmental purchase law and ensuring suppliers' rights to be perfectly protected have become a substantial topic for the present theory and practice of governmental purchase.The thesis consists of two parts, the first chapter being the first part. It starts with amplifying specialty of government purchase activity and probing the theoretic basis of protecting suppliers' rights by a thorough analysis of purchase contract's nature. It also elicits the necessity to realize this protection, following the clues of case studies.The second part comprises the second, third and fourth chapters, circumventing setting up sound legal systems safeguarding governmental purchase suppliers' rights. A perfect protection system is made up of suppliers' rights establishment mechanism, encroachment prevention mechanism and succor mechanism. In the second chapter, by elaborating openness, justice, competitiveness and fairness principles about governmental purchase, the author reveals supplier's rights to know, to participate, to contract and to profit, and equal legal status among governmental purchase contracting parties, which are established according to laws and rules adopting the above-mentioned principles. With such a prerequisite, the author also expounds upon setting up information exposure system and supplier admittance system of governmental purchase. The third chapter discusses the positive impacts of avoidance system, originated from "natural justice" rule, and scientific and perfect supervision mechanism on preventing suppliers' rights being encroached. It triggers the recommendations on how to create a sound governmental purchase avoidance system and many-facet-and-fully-covered supervision mechanism. Assuming full awareness of rights and succor concepts, the fourth chapter puts emphasis on constructing a sound, transparent, fair, high-efficient succor mechanism to protect governmental purchase suppliers' rights and ponders over creating query and compliant procedures, the most distinctive part in governmental purchase succor mechanism.