A Research On The State-owned Enterprises Into WTO Agreement On The Government Procurement

China submitted the first accession offer to WTO to begin the negotiation of "WTO Agreement on Government Procurement ". In the process of China’s accession to the GPA, the scope of government procurement has been the main focus of the contention, and the issue of state-owned enterprises is very complex. The number of China’s state-owned enterprises is very big,and its relationship with the government is very complex. The fourth revised GPA accession offer of China is not involved in the problem of state-owned enterprises.However, the European Union,the United States and other members of GPA raised high expectations, they hope china expand the scope of government procurement, especially the state-owned enterprises. It means we should deepen the negotiation about the state-owned enterprises problem. So we should take the problem into account in order to prepare for GPA.Introduction section of this article is mainly about the background of China’s accession to the GPA.The first part of this paper analyzes the accession offers of china, and introduces the attitudes about state-owned enterprises into the GPA. At present, there are two views about state-owned enterprises into the scope of government procurement: support view and opposing view. Supporters argue state-owned enterprises into the scope of government procurement is an inevitable requirement to the state-owned enterprises reform,and it is a good opportunity to walk out into the world. Opponents argue that the current overall strength of China’s state-owned is relatively weak. If we hastily open the market, there might be a great impact on our economy.The second part of this paper is mainly about the international legal system of government procurement on the government procurement body, especially about the GPA principle.In the GPA, the government procurement does not have a definite meaning, each country has different understanding about the government procurement. The scope of government procurement is determined by each country’s and the criteria, "government purpose standard" and "government control or influence standard". But the criteria is very subjective, so this paper will try to make some specific standard to measure the criteria and narrow the government procurement body.The third part of this paper describes the representative members of GPA on the accession offers. This section introduces the situation of the west and east countries about the state-owned enterprises in order to provide some advices.The fourth part of this paper introduces the specific situation of Chinese state-owned enterprises, and the rationality about the state-owned enterprises into GPA. The state-owned enterprises are divided into three different kinds:state-owned enterprises, state-owned companies, state-owned holding company. This paper creates a new classified method, so that we can analyze the state-owned enterprises from another perspective. We can judge whether the state-owned enterprises are influenced by the government. Currently there are three major international standard for state-owned enterprises under government control or influence:the source of procurement funds, the nature of government procurement and non-competitive procurement activities.The fifth part of this paper is mainly about the plan of China’s state-owned enterprises into GPA. This section tries to establish the standard and method to narrow the scope of state-owned enterprises into GPA, and make the accession offers clear.