Comparison Of China And Foreign Government Procurement Legal System

Government procurement refers to all levels of state organs, institutions and other organizations, make use of fiscal funds to buy goods.services and project fully in accordance with the provisions of the law. With the strengthening of the functions of government intervention in the economy, the characteristics of government procurement using public funds to achieve national policy objectives become more prominent, it can be said that the government procurement has become one of the important means of national macro-control.However, compared to the government procurement activities, the legal system of government procurement in China is serious lag, more and more problems are exposed in the procurement. Especially when China becomes WTO commitment, has made the promise of joining "Members of the Agreement on Government Procurement" as soon as possible, China will face a very large international challenges.To truly improve the competitiveness of our country, to perfect the legal system of government procurement system is imminent.As we all know, China and the West have different stages in the course of development of the government procurement system, and even the theoretical foundation of government procurement legal system, the scholars also have a different point of view. Most scholars in favor of the theory of state intervention, they think that it’s state intervention in the market economy promptes the establishment of the system of government procurement law. Of course,there’s the theory of transaction costs, think saving the transaction costs is the intrinsic motivation for the establishment of the government procurement law, In addition, scholars who support for rent-seeking theory, game theory, also put forward their own views.In order to perfect the legal system of government procurement in China learning from foreign advanced experience serves as a good policy. Through a comparative analysis of Chinese and foreign government procurement legal system,we find that all the counties has built appropriate government procurement legal system acoording to the different situations of their own countries. At a same time, China also has its own unique characteristics in the system of government procurement law, government procurement legal system has the foundation of "bid law" and "government procurement law"; in government procurement principle, citing the honest credit principle in the civil law;a variety of government procurement, at the same time, the corresponding government procurement procedures specified; our country has also established supervision mechanism and appeal mechanism. In Western countries, the government procurement system is more sound comes as the United States, the United Kingdom. The United States’system of government procurement law guided by the constitution, consists of three levels of laws, regulations and implementing rules, in addition to the federal government, the local state has its own government procurement legal system. In government procurement activities, The United State implement a combination of centralized purchasing and decentralized procurement procurement mode,in the aspects of institutions and policy makers,formes a standardized government procurement governance mechanisms, the trinity supervision and management system oflegislative. administrative, judicial guarantee the efficiency of government procurement. The United Kingdom’s management is loose,it’s government procurement is carried out under the premise of government policy, budget control, personal responsibility and parliamentary monitoring, the whole process is very focused on competition, the general trend of development is to procurement professional direction. As an Asian country. Japan, is the "government procurement agreement" advocacy and the first one of signatories. Tt’s government procurement attaches great importance to the bidding process, when the international and domestic situations change, it also can timely developt corresponding transformation measures to protect their own market. The government procurement grievance processing Department is set in the prime minister’s office,which fully guarantee the government procurement of open, fair. transparent,and make guidance for the development of government procurement in China. In1996,South Korea,who becoming the member of the Agreement on Government Procurement, has a positive move to opening up the domestic market, the full realization of fair competition in government procurement, for the domestic, international government procurement dispute sets up different solution mechanism.The specific practices in these countries make a direction to develop government procurement after our country become the member of "government procurement agreement"Of course, how to absorb the real experience of other countries, is inseparable from the deep analysis of the legal system of government procurement in china. Though China and Britain and Japan and South Korea maintained a consistent in the framework of the legal system of government procurement, but has obvious differences in the specific provisions, such as organization and management agencies, the specific mode of procurement, the government procurement principles, procurement, procurement procedures. By comparison,we see more clearly the flaws of the legal system of China’s government procurement has, government procurement legal system is not perfect, the lack of actual operability; government procurement principle and way are too domestic, some parts of the existence of uncoordinated; the application scope of government procurement has to clarify; government procurement oversight questioned mechanism is imperfect. In adiition, the government procurement policy is too single, there is lack of professional procurement personnel to carry out government procurement activities etc.A perfect government procurement system should have:a perfect system of government procurement law, clear principle of government procurement, a variety of government procurement in parallel as well as the corresponding government procurement procedures, specialized organs of government procurement and supervision management authorities and complaints handling authority. To compensate for the defects in the legal system of China’s government procurement, it is recommended that the legal system in government procurement, coordinating the relationship between the "Government Procurement Law" and "Bidding",to the lack of maneuverability project,develop appropriate implementation details to make the government procurement legal system really play a role in the actual government procurement;in the aspect of the principle of government procurement, should make clear of the principle of openness, fairness and competition, at the same time to join the benefit principle and the principle of non-discrimination; in government procurement and government procurement procedures, pay attention to the order of priority procurement methods and specific used conditions, in the government procurement process ensure sufficient information disclosure, and establish the qualification examination authority; for the scope of the government procurement, make clear of the subject of government procurement, and make an expansion of government procurement funds range; in the supervision and management procedures, establish the specialized agencies and incentive mechanism, give full play to the supervision of the public, the potential suppliers are included in the procedure of query.including matters on all related behavior and government procurement. Of course, no matter how,the professional procurement personnel cannot be lack, our country to cultivate this talent should be put on the agenda as soon as possible.