Study Of Government Procurement Law Issues

The governmental procurement is an integral part of public financial policy. The governmental procurement is of great function in market economy. Cooperating with others social policy and economy policy, it can wield governmental power of price-control; environment-pollution-control; stimulating employment increase, and so on. The government procurement is an important weapon in international trade area. To copy with the financialffund-waste and corruption in the governmental procurement process. Chinese the governmental procurement began in the 90s.The shanghai financial department became the first unit to try governmental procurement in the Chinese main land. In the early period, the governmental procurement is in a immediate way. Which has some problems, including disconnection of distributing financial fund and using, easily leading to corruption, and so on. The governmental procurement legislation of China started from local government at first But there is no law to specific the governmental procurement Considering the China adhering the WTO and stimulating a justice and equity market environment, the National People's Congress formulates "the Chinese Governmental Procurement" in 6, 29th, 2002. At the present time the main source of the law reflect the complexity of the modem society, the governmental procurement has a clearly goal to become a "sunny bill". The article studies on the governmental procurement legislation, essential principle, subjective institution, and procedural institution.Part 1 introduction of governmental procurement and its legislation. In this part, the article focuses on two issues. First, the article enumerates the legislations of some nations on governmental procurement, and writer offer a new concept on the government procurement, then the article touch on the governmental procurement's functions, which have five functions including controlling financial-fund use in law, reaching optimization of financial-fund in the market, perfecting macro-controlling-way, building a fairy competitively market, keeping a healthy financial environment.Part 2 introduces Chinese governmental procurement legislation history. And the governmental procurement is of essential principle. In this part the article comprehensively introduces the governmental procurement legislation history,and analyses the essential principle of the governmental procurement in differences among scholars, the writer offers some essential principles that the governmental procurement law should have, which should include equity, effiency, public, competitive.Part 3 the study on the subjective of the governmental procurement law. The article overall analyses some subjects of some governmental procurement law. Accordingly, the writer points out that the governmental procurement subjects have some drawbacks. And the article offers some advices on perfecting the regulations of subject in Chinese governmental procurement law.Part 4 the study on the governmental procurement procedure institution. The article studies the information-unbalance theory in the governmental procurement process. The article stresses that to copy with the information-unbalance should start from enacting law and reforming technology. At the same time the writer thinks increasing controlling procedure of organization of state power. Then the article offers some advices on perfecting regulations of the governmental procurement procedure.