The Exception Principle Research Of GPA

With the global trend of deepening economic integration, government procurement has been gradually on each country’s market economy. As an important means of modern state government’s social management, economic management, it can effectively strengthen expenditure management, improve the efficiency of financial capital, standardize government procurement practices. Government Procurement Agreement (the GPA) is the WTO government procurement rules established, is under the jurisdiction of the WTO agreement on government procurement signatory countries can play a binding behavior. After China’s accession to WTO, government procurement has also been a GPA of limitations and constraints. Because of government procurement is different from the procurement nature, but with a certain policy functions, not just in terms of its positive impact on the financial resources, but also includes the development of domestic industries to achieve policy objectives protection. As one of the WTO agreements, the legal framework, GPA agreement is to promote competition in international trade liberalization, but at the same time, in order to ensure that all countries trading equality and openness, to avoid excessive pursuit of trade liberalization, resulting in essentially unfair, GPA agreement provides for non-discrimination principle, but also provides some exceptions space. For our country is concerned, the terms of the public interest, such as special treatment for developing countries GPA stipulated in the agreement, for legitimate and reasonable implementation of China’s government procurement practices and provides an important basis for protection. Therefore, exceptions to the principle of GPA analysis, can effectively improve the efficiency of financial resources, to further ensure the legitimate rights and interests of the Chinese government in the procurement process.Firstly, the concept of exceptions to the principle GPA brief description and analysis, analysis from the domestic and foreign aspects of the concept of exceptions to the principle of defining GPA, GPA is analyzed on the principles of exceptional features and categories, to understand the principles of multi-angle GPA exception. This article from the member states at the same time opening up the domestic procurement market particularity, Applicability particularity study "green" provisions, maintenance of public order, differential treatment of developing countries and other aspects of GPA exception principle. To fully understand the process of China’s accession to the GPA and the work currently being carried out after the discovery of our country compared with other countries there are still many deficiencies in the use of exceptions to the principle of the GPA, including the principles too vague, no specific rules to protect domestic SME, lack of environmental compliance and other practical issues. In both countries, for example the United States and Germany, the two countries were on GPA exception principle applies lessons learned to understand the way the United States and Germany in the applicable exception to the principle of the approach taken in the process, provide reference for China. Finally, under the principle of exception invoked countermeasures research, from the implementation of the principles of the "Government Procurement Law" to increase the "Government Procurement Law" in favor of the provisions, terms of use of the three aspects of environmental protection research. China is actively negotiating accession to GPA, GPA before formally joined the exception of the study of the principles of great significance. Through the above research, on the one hand to enrich the content from a theoretical point of academic research, in order to better guide the practice of theory; it also can promote the legitimacy of our government procurement practices, and reasonable, to enhance efficiency in the use of financial resources for the development of social and economic necessary foundation.