GPA例外原则研究
发布时间：2019-06-27 07:56
【摘要】：随着全球经济一体化趋势的不断深入,政府采购逐渐受到了国际上各个市场经济体制国家的高度重视。政府采购作为现代国家政府社会管理、经济管理的重要手段之一,能够有效加强财政支出管理,提高财政资金使用效率,规范政府采购行为。《政府采购协议》(简称GPA)是世界贸易组织制定的政府采购规则,是世界贸易组织下辖的协议之一,对签署国的政府采购行为能够起到约束性。在我国加入世界贸易组织之后,我国的政府采购行为也受到了GPA的限制与约束。由于政府采购不同于一般的采购性质,而是具备一定的政策功能,不仅仅体现在其对财政资金的积极影响等方面,同时也包括对本国产业发展政策目标实现的保护。作为WTO法律框架下的协议之一,GPA提倡的是国际贸易自由化竞争,但是与此同时,为保证各个国家贸易往来的平等性与开放性,避免过分追求贸易自由化,导致本质上的不公平,GPA在规定了非歧视原则的同时,也提供了一些例外空间。对于我国来讲,GPA中规定的公共利益、发展中国家特殊待遇等条款,为我国政府采购行为的合法、合理实施提供了重要保障和依据。因此,通过对GPA例外原则的分析,能够有效提升我国财政资金使用效率,进一步保证我国政府在采购过程中的合法权益。本文首先对GPA例外原则概念进行简要阐述和分析,从国内、国外两个方面对GPA例外原则的概念界定进行分析,就GPA例外原则的特征和类别进行分析,多角度的了解GPA例外原则。同时本文从成员国开放国内采购市场的特殊性、适用“绿色”环保条款、维护公共秩序、差别对待发展中国家等方面对GPA例外原则的适用特殊性进行研究。充分了解我国加入GPA的进程以及目前所进行的工作之后发现我国与国外相比在运用GPA例外原则上还存在许多不足,包括具体规定没有落实、没有具体规则保护国内中小企业、环保条款不完善等现实问题。以美国和德国两个国家为例,分别就两个国家GPA例外原则适用的经验进行总结,了解美国和德国在适用例外原则的过程中所采取的方式方法,为我国提供参考和借鉴。最后对例外原则下的我国援引对策进行研究,从落实我国《政府采购法》现有规定、增设《政府采购法》中有利于我国规定、充分利用环保条款三个方面展开研究。我国正在积极谈判加入GPA,在正式加入之前对GPA例外原则进行研究对我国有重大意义。通过上述研究内容,一方面能够从理论的角度丰富学术界的研究内容,以理论更好的指导实践；另一方面也能够推动我国政府采购行为的合法性、合理性,提升我国财政资金使用效率,为我国社会与经济各项事业的发展奠定必要基础。
[Abstract]:With the deepening of the trend of global economic integration, government procurement has gradually been attached great importance to by various countries in the international market economy system. As one of the important means of government social management and economic management in modern countries, government procurement can effectively strengthen the management of fiscal expenditure, improve the efficiency of the use of financial funds and standardize the behavior of government procurement. The Agreement on Government Procurement (GPA) is a government procurement rule formulated by the World Trade Organization (WTO). It is one of the agreements under the jurisdiction of the World Trade Organization (WTO), which can bind the government procurement behavior of signatories. After China's accession to the World Trade Organization (WTO), China's government procurement behavior has also been restricted and restricted by GPA. Because government procurement is different from the general procurement nature, but has a certain policy function, not only in its positive impact on financial funds, but also in the protection of the realization of domestic industrial development policy objectives. As one of the agreements under the legal framework of WTO, GPA advocates international trade liberalization competition, but at the same time, in order to ensure the equality and openness of trade exchanges of various countries, avoid excessive pursuit of trade liberalization, resulting in essential injustice, GPA not only stipulates the principle of non-discrimination, but also provides some exception space. As far as our country is concerned, the public interest and special treatment of developing countries stipulated in GPA provide an important guarantee and basis for the legality and rational implementation of government procurement in our country. Therefore, through the analysis of GPA exception principle, we can effectively improve the efficiency of the use of financial funds in our country, and further ensure the legitimate rights and interests of our government in the procurement process. In this paper, the concept of GPA exception principle is briefly expounded and analyzed, the concept definition of GPA exception principle is analyzed from two aspects at home and abroad, the characteristics and categories of GPA exception principle are analyzed, and the GPA exception principle is understood from many angles. At the same time, this paper studies the particularity of GPA exception principle from the aspects of the particularity of opening up the domestic procurement market, the application of "green" environmental protection clause, the maintenance of public order and the differential treatment of developing countries. After fully understanding the process of China's entry into GPA and the current work carried out, it is found that compared with foreign countries, there are still many shortcomings in the application of GPA exceptions in China, including the lack of implementation of specific provisions, the lack of specific rules to protect domestic small and medium-sized enterprises, and the imperfection of environmental protection provisions. Taking the United States and Germany as examples, this paper summarizes the experience of the application of GPA exception principle in the two countries, and understands the ways and means adopted by the United States and Germany in the process of applying the exception principle, so as to provide reference and reference for our country. Finally, this paper studies the countermeasures under the principle of exception, and studies from three aspects: the implementation of the existing provisions of the Government Procurement Law, the addition of the provisions of the Government Procurement Law is beneficial to our country, and the full use of environmental protection provisions. It is of great significance for our country to study the exception principle of GPA before China's entry into GPA,. Through the above research contents, on the one hand, we can enrich the academic research content from the theoretical point of view, and guide the practice with the theory; on the other hand, it can also promote the legitimacy and rationality of our government procurement behavior, improve the efficiency of the use of financial funds in our country, and lay a necessary foundation for the development of social and economic undertakings in our country.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.2
本文编号：2506628
[Abstract]:With the deepening of the trend of global economic integration, government procurement has gradually been attached great importance to by various countries in the international market economy system. As one of the important means of government social management and economic management in modern countries, government procurement can effectively strengthen the management of fiscal expenditure, improve the efficiency of the use of financial funds and standardize the behavior of government procurement. The Agreement on Government Procurement (GPA) is a government procurement rule formulated by the World Trade Organization (WTO). It is one of the agreements under the jurisdiction of the World Trade Organization (WTO), which can bind the government procurement behavior of signatories. After China's accession to the World Trade Organization (WTO), China's government procurement behavior has also been restricted and restricted by GPA. Because government procurement is different from the general procurement nature, but has a certain policy function, not only in its positive impact on financial funds, but also in the protection of the realization of domestic industrial development policy objectives. As one of the agreements under the legal framework of WTO, GPA advocates international trade liberalization competition, but at the same time, in order to ensure the equality and openness of trade exchanges of various countries, avoid excessive pursuit of trade liberalization, resulting in essential injustice, GPA not only stipulates the principle of non-discrimination, but also provides some exception space. As far as our country is concerned, the public interest and special treatment of developing countries stipulated in GPA provide an important guarantee and basis for the legality and rational implementation of government procurement in our country. Therefore, through the analysis of GPA exception principle, we can effectively improve the efficiency of the use of financial funds in our country, and further ensure the legitimate rights and interests of our government in the procurement process. In this paper, the concept of GPA exception principle is briefly expounded and analyzed, the concept definition of GPA exception principle is analyzed from two aspects at home and abroad, the characteristics and categories of GPA exception principle are analyzed, and the GPA exception principle is understood from many angles. At the same time, this paper studies the particularity of GPA exception principle from the aspects of the particularity of opening up the domestic procurement market, the application of "green" environmental protection clause, the maintenance of public order and the differential treatment of developing countries. After fully understanding the process of China's entry into GPA and the current work carried out, it is found that compared with foreign countries, there are still many shortcomings in the application of GPA exceptions in China, including the lack of implementation of specific provisions, the lack of specific rules to protect domestic small and medium-sized enterprises, and the imperfection of environmental protection provisions. Taking the United States and Germany as examples, this paper summarizes the experience of the application of GPA exception principle in the two countries, and understands the ways and means adopted by the United States and Germany in the process of applying the exception principle, so as to provide reference and reference for our country. Finally, this paper studies the countermeasures under the principle of exception, and studies from three aspects: the implementation of the existing provisions of the Government Procurement Law, the addition of the provisions of the Government Procurement Law is beneficial to our country, and the full use of environmental protection provisions. It is of great significance for our country to study the exception principle of GPA before China's entry into GPA,. Through the above research contents, on the one hand, we can enrich the academic research content from the theoretical point of view, and guide the practice with the theory; on the other hand, it can also promote the legitimacy and rationality of our government procurement behavior, improve the efficiency of the use of financial funds in our country, and lay a necessary foundation for the development of social and economic undertakings in our country.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.2
【参考文献】
相关期刊论文 前1条
1 于安;加入《政府采购协定》对我国国内制度的影响[J];法学;2005年06期
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