Study On Law Regulations For Electronic Procurement

Since the 1990 s, electronic information and technology have obtained the swift and violent development,making the network of information become one of the characteristics of the current global development.For a long time, because of the disadvantages of the traditional government procurement system,such as low efficiency, high cost and frequent corruption, electronic procurement has arisen gradually.When electronic information technology is applied to government procurement, electronic technology not only can eliminate the information asymmetry between the supplier and the government, but also can use a small amount of money and high efficiency of technical support to solve the defects of traditional procurement system.Based on its force and influence, the electronic procurement has become the direction of the global government procurement. At present, our country is following the commitments when we joined the WTO.At the same time,our country is adjusting the existing laws and institutions according to the content of the GPA negotiations.One of the most notable details is the negotiations of the electronic procurement. In the process, our country must promote the development of our national enterprises and transformation actively, to enhance the overall innovation of the national level for the construction of electronic procurement mode to find reasonable legal means.Therefore, the exploration of electronic procurement from the legal regulation model is a practical and theoretical topic.Thus this paper is discussed from four parts:The first part: The basic theory of government procurement system. This part's target is to introduce the problem.Combined with the goal of government procurement, and according to the characteristics of the content of the government procurement and the principle of generality,this thesis starts from the basic definition of government procurement.Besides that,this article mainly explores the existing disadvantages of the traditional pattern of government procurement and the main problems, and analyzes the advantages of electronic procurement.In addition, this topic proves that if we want to solve the defects of traditional government procurement, we must rely on the introduction of electronic technology, and think about the future of the development of electronic procurement.The second part:The present situation of the electronic procurement in our country.From the perspective of the legislation present situation and the implementingobstacles, this part introduces the general situation of the development of electronic procurement in our country, and analyzes the legislation on its achievements and shortages in our country.This part summarizes problems from two aspects of institutional obstacles and non-institutional barriers in the concrete implementation process of the electronic government procurement.Combined with the efforts that our country should make because of GPA negotiations and the goal of acting on international convention,this part draws lessons from the advanced experiences of developed countries,and provides suggestions for our country's electronic procurement.The third part:The comparison of the electronic procurement law of foreign legal system.Through the introduction of the other countries on electronic procurement technology and legal norms,such as the United States,the European Union and South Korea,this text sums up the institutional features of different countries and extracts the norm. After that,these experiences should be applied to the development of electronic procurement in our country currently and should be adapted to the situation of our country.And on this basis,the article concludes the gap between us and other,in order to promote the development of the electronic procurement in our country.The fourth part:The improvement of the electronic procurement law.This part focuses on solving problems and gives suggestions for the establishment and improvement of the electronic procurement. Aiming at background and targets of the development of electronic procurement in China, this article promotes the development of the electronic certification technology and perfects the right remedy mechanism from five aspects which is improving the law system.Our country should establish the social credit system and unified standardization system to put forward countermeasures to develop the electronic procurement in China in the future.