Comparative Research On Government Procurement Legal System Between China And Japan

Government procurement has a long history and the amount involved is huge. According to statistics, in some countries, the amount has reached about30%of the fiscal expenses. Government procurement is also a means for a country to stimulate manufacture and improve employment and thus play an important part in economic development. Developed countries also hope to open each other’market to earn more opportunities for its domestic enterprises.GPA is a plurilateral agreement under WTO framework, and is only effective to its binding parties. China has automatically become an observer since accession into WTO, and has promised to initiate negotiation by the end of2007. It means that domestic enterprises have the right to strive for more opportunities abroad, and accordingly, our government procurement market is also open to other countries.This article is aimed at giving some advices to develop and improve the government procurement legal system in China by comparing the differences between China and Japan’ legal system.It starts from the concept of government procurement and gives an introduction to Government Procurement Agreement under the World Trade Organization.The second part gives a general introduction to China and Japan’ legal system. Japan is one of the original GPA countries and has a developed system. However, China as a developing country, who started lately, though she has improved a lot, is still left behind. From this part, we can get a basic understanding of the framework and implementation of both countries’ government procurement.The third part compares the differences of government procurement system in the following aspects, including: the subjects and objects in government procurement; management and control of suppliers; the procedure and methods of government procurement; the information disclosure system and the challenge system.According to the comparisons above, the last part gives some advice on how to improve China’s government procurement legal system and to promote a better and healthier economic development.