Experts suggest that China should establish a legal system to protect Chinese products

The relevant provisions of the regulations on the implementation of the Government Procurement law (draft for soliciting opinions) on domestic products have aroused hot discussion.　　And most hope to further refine the relevant provisions of the different expectations, there is a point of view, China's accession to the "WT O Government Procurement Agreement" (hereinafter referred to WT o G PA) is the general trend, and the procurement of Chinese provisions and the agreement, the principle of national priority is bound to be vacant.　　In this respect, experts said that the purchase of Chinese goods is the exception of Wtogpa, not protectionism, and even if joining the WTOGPA will not cause serious damage to their own industries, but it is necessary to learn from the mature experience of other countries to establish a set of legal system to protect domestic products. The purchase of domestic goods is an exception to the Wtogpa. "The past year may have been the busiest year in the world to discuss government purchases of ' domestics '."　　"Beijing Liao Hai law firm senior lawyer Guliaohai said." In December last year, 34 economic groups in the US and Europe protested against China's policy of supporting the Government procurement activities by entering into the catalogue of government procurement of independent innovation products. This is not an isolated case.　　Last June, the National Development and Reform Commission and other nine ministries issued the "on the issuance and implementation of expanding domestic demand to promote economic growth decision-making deployment, and further strengthen the construction of the supervision of construction project bidding notice," stressed that government investment projects belong to the government procurement, should be procurement of domestic products, but also attracted He Hong, a professor at Nankai University's Law school, said that the purchase of Chinese goods was in essence discriminatory treatment of foreign suppliers in government procurement and could easily be used as a non-tariff barrier to protect domestic industries. But the Economist T Rionfetti through a simple model that discriminatory government procurement policies do not necessarily constitute barriers to trade: discriminatory government procurement policies, when demand for government procurement falls below domestic output, divert government demand for foreign products to private markets; only when demand for government procurement is higher than domestic output　　, discriminatory government procurement policies will lead to a rise in domestic production and in part replace imports, thus altering the International Trade Division of the natural state.　　Huain, a professor at the School of Public administration at Tsinghua University, also pointed out that the "buy Chinese" system is one of the important systems in the government procurement law, and that no country's government procurement market is completely open in the countries where the government procurement system is implemented internationally. February 17, 2009 U.S. President Barack Obama signed a 787 billion-dollar stimulus package, the American Recovery and Reinvestment Act of 2009, which includes the "famous" "Buy American" clause.　　In this regard, the United States explained that the economic stimulus bill "buy American" provisions are limited to government procurement, and countries generally have similar "government procurement law." Indeed, buying domestic goods has become one of the basic principles of government procurement laws in many countries.　　In addition to the United States, Argentina, Japan, South Korea, Thailand, Poland, Australia, Malaysia and many other countries have similar provisions, the purchase of the principle has become the majority of countries to follow the international practice. "The purchase is WT O G An exception to P a. Guliaohai said that G P A was a plurilateral agreement (not a multilateral agreement) in the framework of WT O, a code of conduct voluntarily signed and voluntarily accepted, and not a mandatory agreement.　　In the absence of such an agreement, the trade barriers in the area of government procurement, even if they are members of the W. O, are in conformity with domestic and international legal norms and are not within the jurisdiction of the W t o Agreement and are less a reprehensible offence. He further explained: "In other words, members in the public procurement market can be implemented to protect the local industry and domestic suppliers of preferential policies, the products and suppliers of other countries to discriminate in full compliance with international practice, should not be criticized by other governments." "Request to join Wtogpa's WT O Members, not all accept WTOGPA to the procurement subject and procurement of the object of jurisdiction, if in the list of joining, not included in the WTOGPA appendix of each annex, then does not belong to WT o GPA adjustment content."　　Therefore, the content of the Wtogpa more or less is not incompatible with the rules of the W T o agreement.　　Joining the WTOGPA will not cause serious damage to the domestic industry since China began to join the WTOGPA negotiations, there are many views that domestic enterprises are definitely not WTOGPA suppliers of competitors, China's accession will inevitably cause serious damage to national industries. "In fact, these are misconceptions about the World Trade Organization's international rules on government procurement," he said.　　"Guliaohai said that, from the Wtogpa of the members of the previous government procurement scale, after joining the Wtogpa, into the wtogpa jurisdiction of the competition, under normal circumstances, in the various member government procurement scale is not more than 10% of the proportion of the world-wide competition in procurement projects are very limited.　　He further analyses that, if join Wtogpa, Chinese supplier not only enjoy domestic one government procurement market, but can participate in the government procurement market of all 41 members of WTO GPA, its government purchase size is about 4 trillion yuan per year, which will bring great business opportunity to domestic suppliers. In the case of the United States, the United States is not only one of the early signatories of Wtogpa, but also a signatory to many free trade agreements. The coverage of these trade agreements, generally, in two areas, federal government procurement can still take care of national products and suppliers, first, procurement outside the threshold amount of purchase items, usually do not meet the requirements of the procurement limit, the federal government procurement is not the WTOGPA, FTA, NAFTA and other trade agreements covered content, Procurement agencies must comply with government procurement public policies, giving priority to the needs and development of local industries. Moreover, the content of commitments expressly excluded from trade agreements. In addition to restrictions on procurement quotas, there are usually exceptions to the trade agreements, that is, the exclusion of jurisdiction as to what should be applied。 Any purchase item that is excluded from the application, even if it meets or exceeds the threshold amount mentioned above, can protect the domestic industry.　　For example, purchase items reserved for small businesses, purchases for resale of final products, etc. The establishment of a set of legal system for the protection of Chinese products "at present, the legislation on the purchase of Chinese goods system is loose, not uniform, so that the practice of the system of law is often more chaotic."　　He Hong said that there are many defects in our country's purchasing system, and the cases of low purchasing rate and refusal of Chinese products are frequently occurred in practice. He suggested that we should draw on the experience of the United States, implement the dual-track government procurement system, make the purchase of Chinese products law, define the standards and procedures for the determination of domestic goods, and perfect the legal liability system.　　Our country may consider to draw lessons from the United States one-way legislation form, also formulated one to accord with our country national condition "buys the Chinese product law", clearly stipulated that the Government must undertake to purchase the Chinese manufacture product the duty, fills in this aspect the legal blank as soon as possible, causes the purchase China system to have Guliaohai also believes that a set of legal systems for the protection of domestic products should be established.　　He further said that although China's 4 trillion yuan major investment advocates preferential purchase of domestic products, but almost no consideration of the government procurement of local industries in public policy legislation. "From abroad, the government procurement system in developed countries has a large legal system and operating procedures." In our country, from central to local, the government procurement departments at all levels often feel that there is no chapter to follow. Although the Government procurement practice, but also gradually invoke and transplant many foreign public policies, but the implementation of our government procurement policy is very weak, because there is no relevant uniform legal rules, almost all public policy objectives can not achieve the desired effect. According to a 2008 survey, the U.S. federal government's investment in highways can solve 3, 50,000 jobs for the American public every 1 billion dollars. And in the highway construction needs of steel, building materials, cement, cable, reconnaissance, design, planning, excavation, demolition, construction, installation and other industries of products or services suppliers, mainly from the United States. "This benefits from the purchase of American Products Act, the United States 1979 Years of Trade Agreement Act, the Federal Procurement regulations and other laws and regulations on the special protection of local industries."　　"Guliaohai said. He said that although China has not joined the WTOGPA, but the statistics show that 2008 China's mechanical and electrical equipment products through international bidding for the total amount of 28.2 billion U.S. dollars, foreign products, the successful rate is 80.5%.　　And these public bidding procurement of mechanical and electrical products, most of the use of financial funds, if used to protect the local related industries, will inevitably create greater value. He Hong also proposed to improve the relevant legal liability, "legal liability is a legal system integrity and its effective operation of the important guarantee." "But at present, our country government procurement law has not made any stipulation to the purchase main body violates the legal liability which the purchase national principle should undertake." This is also the practice of frequent refusal of ChineseImportant reason. To his relief, the Ministry of Finance in February 2008 made a trial of the "independent Innovation products Government first purchase and order management measures" and "government procurement of imported products management measures" stipulates a strict government procurement accountability mechanism. Where the purchaser has not been approved by the financial Department for the purchase of imported products, unauthorized procurement of imported products, or the conduct of false application materials, the purchase amount of 5% or more than 10% of the fines, including the list of bad conduct records, within 1-3 years to prohibit participation in government procurement activities; serious, suspected of committing a crime, Transfer to the judicial organs to deal with. "Clearly, these rigid regulations provide a rigid basis for government procurement of domestic enterprises ' independent innovation products." ”