The Impact Of WTO Agreement On Government Procurement On China’s Government Procurement Legislation

With the rapid development of international free trade, the scale and influence of global governmental procurement market show an impressive improve, and cause the attention of different walks of our society. After China’s accession into the WTO, China’s most non-tariff barriers have disappeared, and tariffs dropped substantially, all of which are conducive to the protection of our national industry. In order to guarantee the weak domestic and national enterprises can get off the ground and have a steady development, the relevant departments need to intensify legislative process so as to set up a scientific and perfect governmental procurement legal system. This article will study on such four aspects as the summary of the WTO Agreement on Government Procurement, the present situation and problems of the government procurement legislation in our country, the influence of joining the Agreement on Government Procurement to our country, the suggestion on pushing forward the perfection of our government procurement legislation, and analyze characteristics, shortcomings and development trend of our country’s government procurement legislation. The article will lay importance on comparative research on our country’s government procurement legislation with the WTO’s agreement on government procurement, so as to find out problems and shortcomings in the domestic legal system, and put forward reasonable suggestions or comments.The domestic government procurement legal system construction should first focus on the system construction, advocate an efficient and economical purchase method, build a lively government procurement market full of competition, improve the utilization efficiency of procurement funds. Second, on the trade safeguarding mechanism level, since China’s accession to the WTO, the government should focus on the basis of the world trade market, also take the actual conditions of our country into consideration, so as to work out new policies to support the development of our national industry. "Partial experiment first, then gradually expands to the whole country" is the characteristics of government procurement legal system construction in China. In 2014, our country promulgated the regulation on the implementation of government procurement, which was built on the basis of the government procurement law, and has more detailed rules. The regulations’release, to some extent, marks the government procurement is ruled by the legal system in our country. It strengthen the policy function of government procurement, embodies the trend of promoting the development of small-micro enterprise, attaching importance to energy conservative and environmental protection industries, supporting ethnic minority and underdeveloped areas.Due to the late start of government procurement legal system construction and the imperfect system in China, compared with the government procurement agreement of WTO, our country’s government procurement laws and regulations have lots problems in subject system, the purchase contracts, relief system and supervision system. As the scope of the subject of procurement regulations is too not comprehensive enough, the provision of nature and membership of the centralized procurement agency is too vague, government procurement contracting options are unreasonable, contracting options are unreasonable, the conclusion of the contract is too single, the right to monitor content is not comprehensive enough, purchasing pause condition is lacking, it leads the discretion of supervision and management department is too large. These issues require relevant departments to give a clear and reasonable interpretation of the law or revise opinion.The management of government procurement asks for refined management, the government procurement market order should be further standardized and transparent. In terms of subject system, it is suggested the regulations about taxpayer should be added, expand the scope of procurement subject appropriately, and add state-owned enterprises to the procurement subject. In terms of the contract system, it is recommended the perfection of legal system of government procurement, and the enrichment of the contract text types. In the relief system, it is recommended the establishment of a government procurement mechanism for civil litigation to determine a party’s right to appeal in civil. In terms of the scope of the subject of proceedings, it is suggested to add supplier claimed relief system, establish an independent and impartial mechanism for handling complaints. In terms of government procurement activities suspending and question time limit, it is recommended to increase the legal conditions of suspension.