WTO《政府采购协定》与我国政府采购相关法律的对比研究
发布时间：2018-11-09 08:42
【摘要】：我国入世至今已近13个年头，对WTO的研究和接触，广度和深度都在不断加深。2001年入世时，我国承诺加入WTO《政府采购协定》并在入世第二年成为其观察国。 目前，我国政府采购制度仍处于发展和完善阶段。本世纪初，《招标投标法》、《政府采购法》等关于政府采购的法律陆续颁布实施。此后，一系列与其配套的法规、规章及其他法律文件相继出台，共同构成我国的政府采购法律制度。 未来，一旦我国加入WTO《政府采购协定》，与之规定不相一致的法律、法规、规章、文件，必然要做相应的修改。这是加入WTO《政府采购协定》的必要条件之一。2007年底，我国向WTO递交了加入《政府采购协定》的申请书及第一份出价清单，标志着我国正式启动加入WTO《政府采购协定》的谈判。截至目前，我国已先后递交四份出价清单，且近三年来，，谈判速度比初期已有了明显的加快。 笔者的本职工作与政府采购密切相关，论文选题伊始就对该课题产生了浓厚的兴趣。在论文准备过程中，笔者仔细研读WTO《政府采购协定》及其重要成员方的政府采购法律，以对比、印证我国现行政府采购法律体制。与WTO《政府采购协定》相比，我国现行政府采购制度，既有与之相同相似的部分，也有与之规定不同的部分。 立足于WTO《政府采购协定》规定及我国政府采购制度现状，对比二者的异同，探讨加入WTO《政府采购协定》对我国未来政府采购法律制度可能带来的影响，是本文的核心内容。 文章分五个部分。第一部分介绍政府采购的发展概况。主要陈述现代政府采购制度的定义、特征、产生和发展，以及政府采购行为跨越国度后，分别在OECD时期及WTO时期的制度规制情况。第二部分介绍WTO《政府采购协定》具体内容，从基本框架、价值目标与基本原则、适用范围、采购方式与采购程序、救济制度等五个方面分别进行阐述。第三部分介绍我国政府采购法律的相关内容，说明其发展概况及阐述法律的具体其内容。第四部分主要对我国政府采购法律制度与WTO《政府采购协定》进行对比，指出相同和不同之处，并针对规定不同的部分做出相应评价和具体的修改建议。第五部分根据我国加入WTO《政府采购协定》的进程，阐述我国未来政府采购法律可期的变革方向。
[Abstract]:It has been nearly 13 years since China's entry into WTO, and the research and contact to WTO have been deepened continuously. When China joined the WTO in 2001, it promised to join the WTO Agreement on Government Procurement and become its observer country in the second year of WTO entry. At present, our country government procurement system is still in the development and perfect stage. At the beginning of this century, the Law of bidding and bidding, the Law of Government Procurement and other laws on government procurement have been promulgated and implemented one after another. Since then, a series of related laws, regulations and other legal documents have been issued, which constitute the legal system of government procurement in China. In the future, once our country joins the WTO Agreement on Government Procurement, the laws, regulations, regulations and documents that are inconsistent with the provisions of the Agreement are bound to be amended accordingly. This is one of the necessary conditions for joining the WTO Agreement on Government Procurement. At the end of 2007, China submitted to WTO an application for joining the Agreement on Government Procurement and a list of bids, which marked the formal commencement of negotiations on joining the Agreement on Government Procurement. Up to now, China has submitted four bid lists successively, and in the past three years, the negotiation speed has been obviously accelerated compared with the initial period. The author's work is closely related to government procurement. In the course of the preparation of the paper, the author carefully studies the WTO Agreement on Government Procurement and the laws on government procurement of its important members, in order to verify the current legal system of government procurement in China. Compared with the WTO Agreement on Government Procurement, the current government procurement system in China has some similar parts and different provisions. Based on the provisions of the WTO Agreement on Government Procurement and the present situation of our country's government procurement system, this paper compares the similarities and differences between the two, and probes into the possible impact of joining WTO on the future legal system of government procurement in China, which is the core content of this paper. The article is divided into five parts. The first part introduces the development of government procurement. This paper mainly describes the definition, characteristics, emergence and development of the modern government procurement system, as well as the system regulation of government procurement in the period of OECD and WTO after government procurement has crossed the country. The second part introduces the specific contents of WTO Agreement on Government Procurement, which is elaborated from five aspects: basic framework, value objectives and basic principles, scope of application, procurement methods and procurement procedures, and relief system. The third part introduces the relevant contents of our country's government procurement law, explains its development general situation and elaborates the specific content of the law. The fourth part mainly compares the legal system of our government procurement with the WTO Agreement on Government Procurement, points out the similarities and differences, and makes corresponding evaluation and specific amendment suggestions for the different parts of the regulations. In the fifth part, according to the process of China's accession to the Agreement on Government Procurement (WTO), the author expounds the direction of the future reform of the law on government procurement in China.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D996;D922.2;D922.297
本文编号：2319914
[Abstract]:It has been nearly 13 years since China's entry into WTO, and the research and contact to WTO have been deepened continuously. When China joined the WTO in 2001, it promised to join the WTO Agreement on Government Procurement and become its observer country in the second year of WTO entry. At present, our country government procurement system is still in the development and perfect stage. At the beginning of this century, the Law of bidding and bidding, the Law of Government Procurement and other laws on government procurement have been promulgated and implemented one after another. Since then, a series of related laws, regulations and other legal documents have been issued, which constitute the legal system of government procurement in China. In the future, once our country joins the WTO Agreement on Government Procurement, the laws, regulations, regulations and documents that are inconsistent with the provisions of the Agreement are bound to be amended accordingly. This is one of the necessary conditions for joining the WTO Agreement on Government Procurement. At the end of 2007, China submitted to WTO an application for joining the Agreement on Government Procurement and a list of bids, which marked the formal commencement of negotiations on joining the Agreement on Government Procurement. Up to now, China has submitted four bid lists successively, and in the past three years, the negotiation speed has been obviously accelerated compared with the initial period. The author's work is closely related to government procurement. In the course of the preparation of the paper, the author carefully studies the WTO Agreement on Government Procurement and the laws on government procurement of its important members, in order to verify the current legal system of government procurement in China. Compared with the WTO Agreement on Government Procurement, the current government procurement system in China has some similar parts and different provisions. Based on the provisions of the WTO Agreement on Government Procurement and the present situation of our country's government procurement system, this paper compares the similarities and differences between the two, and probes into the possible impact of joining WTO on the future legal system of government procurement in China, which is the core content of this paper. The article is divided into five parts. The first part introduces the development of government procurement. This paper mainly describes the definition, characteristics, emergence and development of the modern government procurement system, as well as the system regulation of government procurement in the period of OECD and WTO after government procurement has crossed the country. The second part introduces the specific contents of WTO Agreement on Government Procurement, which is elaborated from five aspects: basic framework, value objectives and basic principles, scope of application, procurement methods and procurement procedures, and relief system. The third part introduces the relevant contents of our country's government procurement law, explains its development general situation and elaborates the specific content of the law. The fourth part mainly compares the legal system of our government procurement with the WTO Agreement on Government Procurement, points out the similarities and differences, and makes corresponding evaluation and specific amendment suggestions for the different parts of the regulations. In the fifth part, according to the process of China's accession to the Agreement on Government Procurement (WTO), the author expounds the direction of the future reform of the law on government procurement in China.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D996;D922.2;D922.297
【参考文献】
相关期刊论文 前2条
1 盛杰民,吴韬;多边化趋势——WTO《政府采购协议》与我国政府采购立法[J];国际贸易;2001年04期
2 张小瑜;;加入WTO《政府采购协定》——中国政府采购市场的对外开放[J];国际贸易;2007年06期
本文编号：2319914
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2319914.html
