政府采购协定权利救济制度分析-analysis on the right relief system of government procurement agreement.docxVIP

1 1 2 2 Abstract The Agreement on Government Procurement (hereinafter referred to as “GPA”) is one of the plurilateral agreements within the framework of the WTO. GPA right remedy system is one of the core contents of the GPA and is of great significance. GPA remedy system to ensure the suppliers of the signatory states under WTO system by agreement equal to win the chance from governmental procurement, has extremely strong practical value to its theoretical research. However, theory circles just in studying implement mechanism of the GPA slightly expounded the fact in the past, having not launched to probe into it all-sidedly. So this thesis pushes GPA agreement theoretical research to the depth, and probes into GPA agreement remedy system emphatically. The thesis composes of four parts and there are more than 34,000 Chinese characters in all. Where there is right, there is remedy. For this reason, a logic starting point should be determined first for studying GPA right remedy system, that is, is it true that the suppliers enjoy rights under the GPA? What rights do they enjoy if any? The first part nails down the “Three Rights” enjoyed by the suppliers under the GPA after exploring the related regulations of the GPA and provides a premise for further studies on the GPA right remedy system. The thesis probes into jurisprudence and advocates the tertiary values of the GPA right remedy system, viz. timely and effective, public and transparent, fair and just. Logically, the tertiary values represent form, means and substance respectively. The paper also explores the nature of the government procurement contract and confirms the necessity of providing right remedies for the suppliers. In succession, the paper mainly introduces the general theory of right remedy. Part two and part three are the key parts of the thesis. The second part dissertates comprehensively the double-track right remedy systems, namely, challenge procedure and dispute settlement procedure. The chall