The Research Of The Legal Problem On Government’s Procurement Home Made Goods

Government procurement is one of the measures which current governments use to manage social economy, it plays an increasingly fatal role at home and abroad. It is an effective approach and method to safeguard the national security, support domestic industry and realize the government’s public function. Meanwhile with the propulsion phase of China’s accession to WTO, we are facing not only taking further steps to deepen the reform of our legal system, but also to deepen both domestic reform and course of internationalization. It is extremely urgent to protect the balance between domestic products and free trade. The article is to investigate legally the relative problems and relevant means available on government’s purchase home made goods in the propulsion phase of China’s accession to WTO, which is based on the current facts and of the system and the nation.There are mainly three legal problems on government’s purchase home made goods. Firstly, it’s limitations are:the shortage of policy system on government’s purchase, the vacant practical system on the government’s public function, and the current purchase law is based on priority over home made products and domestic background, which is not open to the broad market in order to protect home market. The regulation conflicts with that of GPA and doesn’t comply with the requirement of international free trade. Our regulations on exception of home made goods are not complete, so is the practice. Secondly, it’s purchase standard of home made goods is not clear, it only determines the priority over home made products in Purchase Law of Government but not on the standard of defining the sort of home made products, in addition, is has a weak design of the priority over home made products and domestic. Thirdly, there is a lack of efficient practice on supervision measures, so is the relevant responsibility blame and investigation system.The searching of complete effective measures of legal problems on government’s purchase home made goods can be start from the following ways. First, to complete legal system on government’s purchase home made goods, we should strengthen the aim and function of it, harmonize domestic laws and international laws, regulate exception rules; Second, to complete the regulations on government’s purchase home goods, make the purchase standard certain, advance the purchase process; Third, to complete the supervision system and confirm the rights and duties of the inspector and purchaser, make out effective supervision measures and complete the responsibility mechanism.