A Legal Study On The Environmental Protection" Blacklist System" Of Government Procurement

Government procurement act as a governmental action not only reflects the government's request for procurement activities, but also the function of government in guiding the market operation. Since 2003, our country enact the <The Government Procurement law of the People's Republic of China> and < The government procurement law implement regulation >to stipulate specifically in terms of the procurement process?procurement contracts, etc.in 2014, the new < Environmental and Resources Protection law> requires the government procurement activities in line with the requirements of environmental protection and energy saving, but the laws and regulations in government procurement fields are not adjusted according to the requirements, a phenomenon that the government procurement activities can't bring into correspondence with environmental protection and energy saving occurs. In order to make government procurement activities to meet these requirements while achieving the purpose and design of the green procurement "blacklist" system(based on the "Environmental Protection Law") and the requirements of the "Government Procurement Law", this paper put forward the "blacklist system" of environmental protection in government procurement with the helpful experience of "blacklist" systems in related fields.This article is divided into five parts. The first part is the introduction,it shows us the problem is the government procurement not directly associated with environmental protection and energy saving, but the law requires the government procurement to achieve the purpose of protecting the environment. In this paper, through the analysis of the problem, put forward the solution to the problem——build system of environmental protection " blacklist system" of government procurement. The second part is an overview of the article, it introduces the concept?purpose and the theoretical basis of environmental protection "blacklist" system. The blacklist of government procurement drawing on the government procurement catalog and expressive way, using the form of a directory to rule the Procurement subjects and procurement objects. The blacklist of government procurement and the procurement catalog are making at the same time, the government procurement agency is responsible for matters. The third part puts forward the system of main structure, including the basic content, entry and exit, and implementation. The basic content part of this system includes main organ structure, create procedure, operational cycle, and the way of supervision. "Blacklist" entry and exit mechanism according to the specifications of the contents divided into three parts: the blacklist of procurement object(procurement targets "black list" includes the procurement of products, engineering, services, etc.), the blacklist of the supplier and the blacklist of agency, these three parts can avoid the illegal objects and subjects entering government procurement. The fourth part puts forward the legislative suggestions, suggest that established system by means of laws. The last part is conclusion, by combing the structure of the entire article, put forward that environmental protection " blacklist system" will play a creative role in the field of government procurement.