Study On Legal Issues Of Government Services Procurement And Market Opening

Government procurement is the important system of regulating the use of public funds, adjusting economical operation, safeguarding national interests in many countries. As the rapid development of the government procurement and the gradual advancement of the international trade integration and liberalization, the developed countries strongly promote the developing countries to join the WTO "Agreement on Government Procurement" (for short GPA). Breaking the closed pattern of the government procurement market and opening the government procurement equally has become a major issue. When joined the WTO, our country did not join GPA, but made relevant commitments. December 2007, our country starts up the negotiation to join the GPA.In Western countries, the history of government procurement is about 200 years. Relatively, the government procurement in our country started late. Although our country's government procurement rapidly develop in recent years, compared with the developed countries, there are still many shortcomings, especially the legislation on the government services procurement is very imperfect, and the scale and scope of government services procurement are also very small. Therefore, before joining the GPA, our country should study international public procurement legislation, in order to perfect the legal system of our government services procurement, to explore the strategy to open our market of government services procurement, and promote our government services procurement faster and better develop and then realize the goal of government procurement.This paper is divided into four chapters. Chapter One introduces the production and development of government procurement system, the production of GPA, and the production and development of government services procurement, WTO negotiation process on government services procurement; Chapter Two analyzes the international legislative on government services procurement, including GPA, GATS as well as UNCITRAL " Model Law on Procurement of Good, Construction and Services", the UN public procurement directives and "North American Free Trade Agreement". This chapter also expounds the differences on government services procurement provided in GPA and GATS as well as the differences in GPA and " Model Law on Procurement of Good, Construction and Services"; Chapter Three mainly analyzes the impact that joining GPA will bring our government services procurement; Chapter Four puts forward the strategy of opening our market of government services procurement and the suggestion of perfecting the legislation on our government services procurement through the analysis on the current situation and existing problems of our government services procurement.