The Exploration On The Improvement Of The Government Procurement In The Perspective Of Economic Law

The Ninth National People's Congress Standing Committee in People's Republic of China in June 29,2002,which adopted the twenty-eighth session of the "Government Procurement Law ".The law to be into effect in January 1,2003 makes conmprehensive provisions on many respects,which contains subject of government procurement, procurement procedures, purchasing, procurement contracts and legal responsibilities.Government procurement refers to a purchasing behavior which uses the state financial funds to the legal, methods and procedures, to purchase from the open market within the corresponding range of goods, works and Service behavior,so as to achieve the government functions and public interest by all levels of state organs, institutions and society organizations.It is the primary means of national macro-control and an important component of expenditure, which has an important significance in the perspective of economic law,and which also needs improvement urgently.This article will analyze government procurement system under the perspective of economic law.And on this basis, we will put forward proposals to improve the government procurement system.This structure divided into the following five sections:The first part is the analytical horizon of economic law. It will introduce the basic problems to be solved and the basic contradiction in economic law,and also includes targets and scope of economic law, To provide a theoretical basis for the analysis of economic law on the government procurement system.The second part is the basic theory of government procurement in the perspective of economic law. This part will dicuss the content of government procurement and features, and regulate government discuss the necessity of purchasing behavior.To combined the basic theory of government procurement with the basic theory of economic law, we reveal the government procurement system in the role of economic development and which has significance.The third part analyze the status of China's government procurement system and problems. From the law and practice, we describe and analyze China's government procurement system problems, including in details, containing mainly weakening of the Government's financial macro-control ability, knowledge of government procurement system limited to traditional financial theory.And there are some problems in legislation, such as the imperfectly basic legislation, the incomplete relevant legislation with international legislation.The fourth part is that we describes the experience and inspiration of foreign government procurement system represented by the United Kingdom and the United States. This part is a narrative introduction. Those include that establishing the government procurement with China's characteristics, that constructing the efficient macro-control, that establishing and improving the legal system.The fifth part is also the last part.We will come up with effective improvement recommendations from the analysis of text. Specifically including that strengthening the ability of the macro-control, being compatible with the macroeconomic policy, that establishing and improving the legal system.