Research On The Domestic Review Of Agreement On Government Procurement-Oriented By Legislation Improving Of China

The Agreement on Government Procurement(GPA)is a plurilateral agreement under the WTO framework which was formed at the end of the Uruguay Round negotiations in 1994.WTO members can exercise at their own discretion on joining in this agreement.The purpose of the GPA is to further develop the international trade and commerce by regulating the procurement behavior of the governments of the Parties and promoting the opening of the government procurement market.For this purpose,the Agreement on Government Procurement focuses on the rules to be followed by relevant procuring entities of the Parties when conducting government procurement.China,after formally joined the WTO in 2001,has promised to become a Party in the Agreement on Government Procurement,but it did not launch the joining procedure until in 2007.China's submission of GPA Accession Application and Accession Offer to the WTO marked China's joining negotiations of the GPAhas officially started.During the 10-year negotiations,China has actively approached the requirements of the GPA by constant update and revisionof the Accession Offer,and has achieved substantial progress for the joining process.The Accession Offer has been recognized and accepted gradually by other Parties.Member approval.In December 2014,China submitted the sixth Accession Offer.According to a spokesman for the Ministry of Finance,the scope of the sixth Accession Offer is close to those of other Parties.This means that the substantive obstacle that has prevented China from becoming a Party of the GPA has been cleared.China's joining in the GPA is just around the corner.Meanwhile,since 2000,the Bidding and Tendering Law,Government Procurement Law and the corresponding implementation regulations have been promulgated.China has opened the era of specialized management for the government procurement.Since then,corresponding laws,regulations and other legal documents have been introduced and constitutedthe legal system of government procurement of China.The domestic government procurement system is still evolving,although the legal system thereof is becoming complete.Furthermore,this legal system is tailored for the then national conditions,not considering the GPA,making it inconsistent with the GPA.Withthe substantive progress for joining in the GPA,the urgency of the revisions of corresponding legislation emerged.The revision thereof essentially determines the time that China eventually become a Party in the GPA.By analyzing the legal text,the existing laws and regulations have regulations which are vague in the remedy of rights for the suppliers.In practice,many rules of government procurement have not been strictly enforced.The existinglegislation will hardly meet the requirements of the GPA once China joins in the GPA.Consequently,the revision of current legislation and policies of China are necessary to enable China's accession of the GPA.I learnt about the government procurement procedures when handling relevant cases in an internship program of an international law firm,and understood and be inspired during the process.At the same time,the GPA has revised in 2012,which contains new changes regarding domestic review procedures.Therefore,I decided to conduct a research on the domestic review procedure based on the newest GPA version,and oriented by improving the relevant legislation of China.It is the main purpose,and also the major content as well,of this thesis to study the newest GPA and discuss possible changes of the domestic review procedures of China when joining in the GPA.This thesisconsists offour chapters.The first chapter introduces the domestic review proceduresin the GPA.It mainly describes "what is the domestic review system of the GPA".The first section deals with the concept of the GPA's domestic review system,including its basic concept,scope and the core of it.Section two focuses on the value orientation of the GPA,which includes fairness,order,regulation and control.The third section focuses on the development of the domestic review system of the GPA.In this chapter we describe and compare the domestic review system of the three versions of the GPAnamely the version of 1994,2006 and 2012,which gives the reader a clear and thorough understanding of the domestic review of the GPA.The second chapter introduces the core content of GPA domestic review system.The main purpose is to discuss how the domestic review procedure runs.I begin the analysis with the principle requirements in the first section,and then elaborate on the specific remedy forms in the second section,and finally lead to the third section,in which I compare the reviewing organs of the GPA.The third chapter analyzes the domestic remedy system in the field of Chinese government procurement,which is about how to convert the domestic review procedure of the GPA into domestic legislation of China.The first section is an overview and description of the development track and content of current legislation in China.The second sectiondiscusses the shortcomings of the current government procurement remedy system from the aspects of the legislative structure and the legislative content.It is concluded that current remedy system cannot satisfy the existing practical needs and there is an urgent need to revise them.The fourth chapter continues the analysis above,and proposes a reform idea regarding the remedy system of China.The first section discusses the necessity and the risk of restructuring the remedy system of the government procurement,which comes up with a conclusion that such reform is necessary despite some risks.On this basis,the second and third sections of this chapter address the way and the specific content of the reform respectively.Finally,in the fourth section,some suggestions are proposed based on the “The Measures of Settlement for Challenges and Complaint by Suppliers of Government Procurement(Draft for Comments)” issued on October 10,2017.