A Study On Internationalization Of Chinese Government Procurement Legal System

There has been a trend for China to sign "Government Procurement Agreement" due to economic globalization and trade liberalization.Based on the background for China’s undergoing negotiation and current internationalization of government procurement systems,this dissertation intends to make explorations on the connotation and denotation in theory and analyses on the possible processes,factors and effects in practice.It includes a reviews of Government Procurement(GP)system internationalization,a consideration of factors influencing GP system internationalization,a balance of values for China’s choice of concrete GP system,an assessment of the application scope of China’s GP system internationalization,an expectation of possible GP mode and procedure for China and a consideration of remedy system for China’s GP system in the future,which is expounded in six chapters respectively and consequently in addition to two chapters at the beginning and in the end of the dissertation,namely,the introduction and the conclusion.The first chapter severs as the introduction,focusing on the internationalization of China’s GP system from the perspectives of literature review,framework,contents and methodologies for and value & meaning of the research.The second chapter makes exploration on the connotation of GP legal system internationalization.The dissertation makes a definition and an analysis of the contents of such internationalization,and a discussion of spillover & infiltration effects and methods & processes of such internationalization,puts forward that attention should be paid to the cultivation of infiltration effects of domestic systems.The third chapter analyzes the factors that influence GP system internationalization.Such internationalization has been seen in every country in the world due to trade liberalization.Globalization,localization and internationalization of law prepared a fine law circumstance.However,it has also been shown different in every country because of different economic development stages.China can not adopt western GP system without reservation and modification because of its relatively backward in market economy development in comparison with its western developed counterparts.China should further reform through improvement in macro-regulation polices,understandings of government-market relations,enhancement of legal restrictions on governments and protection for suppliers in order to create a fair environment for GP.Meanwhile,China should take part in the GPA negotiation and ensure that the opening of orders,regions and industries will not harm China’s economic development and competitiveness.The fourth chapter is the value choice for China’s GP legal system internationalization.There are three principles,namely,the principles of non-discrimination,transparency and special treatment for developing countries for China to take into full account,the WTO framework as the source of GPA for China to make exploitation,a lesson from US in its aspiration in conclusion of ITO Charter for China to learn,a logic of balance between market openness & interest protection and an intention to create a competitive GP market for China to bear in mind.After a consider of the foregoing values choices,China can play a full role of infiltration effect of adopting advanced international GP system and spillover effect of its GP system with characteristics by way of clean government development and adherence to special treatment for developing countries.The fifth chapter pays attention to the application scope of China’s GP system internationalization,ranging from procurement subject,procurement object,threshold price,etc.History has witnessed a gradual determination and expansion of procurement subjects,procurement object,and threshold price in the past rounds of negotiations,and there have still been dilemma for such GP legal system internationalization and a contradiction between the enlargement of members states of GPA and their intention not to degrade the GP standards.Based on the analysis of such determination,expansion,dilemma and contradiction,this chapter makes exploration on the possible way for the application scope of China’s GP system internationalization.The sixth chapter discusses the internationalization of China’s GP methods and processes.A review of the history of change and evolution of GP methods and process due to various rounds of negotiations shows that the dominant player in such negotiations has always exerted huge influences on such changes and evolutions.A good example in this regard is the spillover effect of EU Public Procurement,which has not only promoted the enhancement of GP methods and processes in the common market,but also propelled the advancement of GP methods and processes at global panel by full exploitation of its advanced development in GP legal system and its negotiation powers.Therefore,China has to and should make its GP methods and processes as open,competitive and simplified of such methods and processes and reasonable for its protection of domestic industries as possible.Chapter seven stresses on the internationalization of remedy mechanism for China’s GP legal system,which includes consultation procedure,domestic examination procedure and dispute settlement procedure.By consultation procedure,there have been amendments to 2012 Government Procurement Agreement,and it is not a mandatory pre-procedure as it is under WTO laws.By domestic examination procedure,there has been a development and evolution from general provisions to specific procedures and a gradual enlargement of examination scope.By dispute settlement procedure,GPA has shown a trend toward the closeness to or even a direct adoption of WTO DSU in some special circumstances and maintained its own independent development in dispute settlement procedure for a proper regulation.After the foregoing analyses,this chapter suggests that China should pay more attention to justness,efficiency and diversification on the one hand and improve the independence of its dispute settlement bodies and the question procedure reasonableness on the other hand.Chapter eight serves as the Conclusion of the dissertation.It makes a summarization of the possibility of,the decisive factor for,adherence to the consideration of China’s characteristics and focus on infiltration at present in the process of China’s GP legal system internationalization.