Research On The Legal Protection Of The Development Of SMEs Promoted By Government Procurement Law

Small and medium enterprises (which will be called SEMS for short hereinafter) adds vitality to the national economy, and also adds more employment opportunities to the society. With the continuous expansion of the scale of government procurement, government procurement plays an more and more important role in promoting the development of SMES. Look internationally, those countries that whose government procurement have developed maturely such as American, Britain, Germany and so on all have a mature modus operandi in the aspect of using government procurement to develop SMES. In contrast, our country’s government procurement law with its supporting regulations has made relevant regulations in promoting SMES. However, due to the lack of practical experience, theoretical research and legislative techniques, there are still some problems in how to protect SMES’ legal interests in the market of government procurement to improve. Therefore, it is necessary to study the problems of our country in making use of government procurement to promote the development of SMES, in order to make government procurement play a role in promote the development of SMES.This paper mainly analyzes the measures of the United States and Germany in using government procurement to promote the development of SMES, and then this paper analyzes the problems in the aspect of which and improvement advice. The author mainly uses the methods of literature research, comparison research and so on. The main topic of this article is as follows:Firstly, the paper introduces the related issues of the using government procurement to promote the development of SMES. This section briefly describes the the relevant knowledge of government procurement and SEMS, including the meaning and characteristics of government procurement, as well as the standard of defining SMES. This section also makes a brief summary about the characteristics of SEMS, as well as the practical significance of using government procurement to promote the development of SMES.Secondly, the author introduces and analyzes some major legal safeguard measures of the United States and Germany in using government procurement to promote the development of SMES. For example, the United States specially gives SMES reserved share and package support plan. And the United States has established an organization called SBA (Small Business Administration) whose obligation is dealing with the related matters in the activities of government procurement in order to protect the legitimate interests of SMES. The SBA helps SMES’access to government procurement contracts by ensuring SMES to entitle its purchase shares and enjoying the price concessions, While Germany mainly uses the way of splitting the tender to help SMES to participate in the bidding. In addition, Germany’s government procurement supervision system is also worth learning. At last, the author gives a brief summary of the revelation of the extraterritorial related measures.Thirdly, the author analyzes the current situation of our country using government procurement to promote SMES. At first the author makes a brief introduction of the related laws and rules about using government procurement to promote SMES. And then this paper emphatically analyzes the problems in legislation and practice of our country in this field. It mainly contains the problems of the law itself, the lack of a specialized management institutions, the conflict between the object of good value for money and the policy of supporting SMES, the artificial obstruction of stopping SEMS from participating in government procurement and the, as well as the problems in relief mechanism (mainly the query and complaint procedures, as well as the query and complaint handling agency.Finally, according to the above problems, the author presents some proposals in how to use government procurement to promote SMES. It mainly contains amending the relevant laws, making price concessions and splitting the tender; establishing specialized institution to protect SMES’legal interests in government procurement and planning briefly the institutional responsibilities. In addition, it contains optimizing the external environment of SEMS participating in government procurement, canceling illegal and man-made obstacles, and improving our country’s querying and complaints procedures and its handling system according to the provisions of the GPA.In this article, the author tries some innovations. The innovations go as follows: firstly, by analyzing other countries’understanding about SMES, the author tries to definite the definition of SMES in the context of government procurement. Secondly, on the basis of other scholars’views, the author points out the problems of our country in using government procurement to promote the development of SMES and then puts forward appropriate recommendations for improvements.The shortcoming of this paper lies in that, for the limited ability of the author the analysis in the paper is not broad and deeply enough. In addition, the research on foreigner experiences is not enough and the suggestions still have deficiencies.