Problems And Countermeasures Of Government Procurement Legal Regulation

The deadline for china to join WTO’s Agreement on Government Procurement, socalled “GPA”, is closing. Therefore, government procurement arouses public concern.The existing legal system of government procurement, which could neither fulfill theinternational obligation nor satisfy the public, should be reformed. This articleprovides legal suggestions of this reform, including the purposes, principles,structures and mechanisms, aiming at integrating into GPA, and protecting publicinterests.China’s accession to GPA is the backbone of this article. All other contents flank thistheme. Firstly this article gives a introduction of government purchase, includingdefinition, history, theocratical basis and legal basis. Then, it presents and comparesthe “GPA”, Model law on Government Procurement of Goods, Construction andServices, in short “Model Law”, Government procurement law in developed countries,and Chinese laws on government procurement. Also there is the process of china’sGPA entrance negotiations. In order to join GPA, two questions should be solved. Oneis the opening of the government procurement market, other is the update ofgovernment procurement legal system. This article gives suggestions on opening issueby deeply analyze the non-discriminatory principle, special and different treatmentprinciple for developing countries and the scope of subject and object in governmentprocurement. Besides, this article also designs some mechanisms and proceduralmake-ups according to GPA and Model Law, including prequalification assessment,details of government procurement methods, supervision and remedies.