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Rearch on Legal System of Government Green Procurement

Author: YangLingLing
Tutor: HuaGuoQing
School: Anhui University
Course: Legal
Keywords: Government procurement green procurement legal system
CLC: F812.45
Type: Master's thesis
Year: 2011
Downloads: 116
Quote: 0
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Abstract

Government procurement should help achieve the country economic and social development policy objectives, including protecting the environment. Government green procurement has a significant role in the government-oriented and macro-control, for the optimization of industrial structure and economic development pattern and guide the community green consumption has great significance, is to implement the scientific concept of development, the development of recycling economy and build environment-friendly society an important means. In our country, should be taken to comply with international trends, the responsibility to build public institutions, making steady progress, harmonious development of strategies to further promote and improve our system of government green procurement for the construction of ecological civilization, and building a harmonious society to play a more important role.2002, promulgated the "People’s Republic of Cleaner Production Promotion Law" (hereinafter referred to as "cleaner production"), Article 16 stipulates that governments at all levels should give priority to purchasing energy-saving, water conservation, waste recycling and other beneficial environmental and resource protection the product. This is our government green procurement the most direct and clear legal basis. In addition, some local government procurement management approach is also relevant regulations. Such as the "Regulations of Shanghai Government Procurement" Article 18 stipulates that government procurement should be consistent with the environmental requirements. Purchasing and procurement center shall give priority to buy low-energy, low pollution and engineering goods. In 2004, the Ministry of Finance and the State Development and Reform Commission promulgated the "Implementation Opinions on Government Procurement of energy-saving environmental protection", the development of China’s first energy-efficient government purchasing list, and lists the car, computer, etc. Class 8 100 kinds of government priority procurement of energy-saving products, This is China’s first government procurement to promote energy saving and environmental protection, specific policies and regulations. Can be seen, our existing laws, regulations and policies have been related to the government green procurement to the content, not only scattered a number of provisions, with some developed countries, has not yet formed a complete system and policy framework plans. China’s current legal system of government procurement is also a lack of clear requirements for green procurement, green procurement resulted in the lack of enforcement during the execution of power and maneuverability, resulting in a lot of randomness and non-normative. To further meet the country to implement the scientific development concept, and actively build a resource-saving and environment-friendly society, China should learn from foreign experience and practice of green procurement on the basis of, and actively construct their own government green procurement legal system.In this paper, the following four aspects to our government green procurement problems were studied. The first part of the "government green procurement concept, characteristics and significance." Introduces the concept of government green procurement, and its meaning, significance for specific analysis. The second part of the "green government procurement of foreign legal system and its Implications for China." Through the United States, Germany, Japan and Canada and other national government introduced green procurement legal system, revealing the legal system, foreign government green procurement Enlightenment, such as improving the legal system of government green procurement, the development of green standards. The third part of "our government green procurement status of the legal system and its problems." In China the government green procurement process, despite the government green procurement laws and systems with some success, but still there are many problems, such as government green procurement legal system is imperfect, lack of awareness of government green procurement, green procurement lack of uniform standards for government, government procurement, inadequate safeguards, supervision is not in place. The fourth part of the "perfect legal system, our government green procurement proposals." Such as the development of "Government Green Procurement Law", the development of normative standards of government green procurement system, improve the government’s green procurement oversight mechanisms to protect and improve the government’s green procurement mechanism.

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