| The Green Government Procurement refers to the government procurement which choose those pollution-free,environment-friendly products and services,and so as to save energy,protect environment as well as promote the sustainable development of economy.The Green Government Procurement system brings environmental guideline into the work of government procurement.It is a system innovation of the government procurement against a background of the new normal and deepening reform.However,at present,there is only one principled stipulation about the legal norms of The Green Government Procurement in China.The absence of the legal system is unfavourable to the realization of the policy goal of "Environmental Protection" by the government.Under the guidance of the new concept of development,it is of great significance to explore the value concept of the Green Government Procurement system,perfect current policy,integrate existing rules and set up specific legal system,so as to establish the concept of green development and improve the financial taxation legal system.Taking the period of economic transformation as the background,the paper expounds how to perfect the Chinese Green Government Procurement legal system from the following six parts.The first part is based on the literature review,it analyzes the theoretical basis of government green procurement from different disciplinary perspectives,and expounds the inspiring role of the research in the discipline area on the interdisciplinary research perspective of economics and law.The second part adopts the method of historical research and the method of legal economics,starts from the historical evolution of the Green Government Procurement and analysis the legitimacy of the Green Government Procurement as well as its basic attribute,then to give a definition of the Green Government Procurement: the dominators of public funds should be take the need of public interest into consideration,they must make the use of public funds be in accordance with the national green certification standards for goods,services or works.The third part is based on themeaning of the Green Government Procurement,it defines the connotation and denotation of the Green Government Procurement legal system from the two aspects of taxation legal principle that the sovereignty of the people and the government green procurement system refers to the legislative narrow green government legal system,and it embodies the social standard,fairness and the times of the three economic legal attribute.The fourth part adopts the method of literature research,from the system level and practical level of the realistic foundation of the government green purchase system in China,analyzes the the shortcomings of the Green Government Procurement legal system from the following aspects: the deficiency of the system,absence of legal principles,purchasing subject is not comprehensive,object legal range is relatively narrow,the party ’ s power and responsibility is not clear,purchase and supervision system is not perfect.The fifth part adopts the method of comparative analysis,analyzes the guiding principle,the method of evaluation,the whistleblowers’ supervision system in the federal government procurement legal system,as well as the basic principle of the European government procurement legal system,the definition of green purchasing subject for reference to perfect legal system of the Chinese government green purchase.The sixth part adopts the method of logic analysis,analyzes the concept,rule,principle of the government green purchase system,it is concluded that our government green procurement legal system is necessary and feasible,and supplies the suggestions that perfect the Chinese Green Government Procurement legal system from the legislative cases,legislation principle,subject and object of legal relationship,rights and obligations,the legal responsibility,and so on. |
