The Research On The Legal System Of Chinese Government Procurement Under The Background Of GPA

The Agreement on Government Procurement(GPA) is a multilateral agreement under WTO.As a legal framework or a code of government procurement,the basic principles established by GPA are increasingly accepted by governments,international economic organizations and multinational corporations as well as manufacturers.It has made a great impact on the world economic activities.The negotiation of China's entry into GPA is another important negotiation in the field of foreign trade and economic cooperation,after its entry of WTO.It will exert extensive and far-reaching consequences to China's economic social development,while it remains an issue for the Chinese academic community.This paper consists of three parts with GPA and China's government procurement as the researching objects.The first part introduces the emergence,development of GPA, and its impact on China's government procurement;the second part makes the analysis on the difference between China's government procurement system and GPA;the third part of the paper analyses the major legal issues of China's accession to the GPA,points out how to improve the government procurement legal system in China based on the real situation of China.And the last part draws the conclusion of the ideas of this paper.After research,the authors thinks that there are some differences between China's government procurement system and GPA in terms of basic principles,scope of application,minimum limit,and the relief mechanism etc.China should,based on the requirements of GPA,establish and perfect the legal system of government procurement, adjust its coverage,improve its contract system and procurement methods,perfect the relief mechanism of government procurement on the reference of foreign successful experiences.Meanwhile,China should,according to its real situation,take full advantage of the exceptions of GPA,special and differential treatment of developing countries to protect China's interests to its maximum limit.The suggestions on the perfection of legal system for China's government procurement are based on the special characteristics of China to respond to the specific requirements of GPA.it is strived to meet the basic requirements of GPA while considering the specific conditions of China;allow the government to have moderate adjustment on the domestic market through government purchase while imposing pressure on domestic companies for competition;regulate the activities of government purchase while meeting the requirements of GPA.It is aimed to perfect the legal system of China's government purchase on the basis of balancing various factors,so as to promote a healthy and steady development of China's economy.