A supplier review system as part of the government procurement system for China

A supplier review system can play a significant role in ensuring the enforcement of procurement rules through its deterrent and redress effects. This thesis aims at providing a critical analysis of the current Chinese supplier review system and identifying and evaluating options for improvement of t...

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Main Author: Zhang, Xinglin
Format: Thesis (University of Nottingham only)
Language:English
Published: 2008
Subjects:
Online Access:https://eprints.nottingham.ac.uk/10653/
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author Zhang, Xinglin
author_facet Zhang, Xinglin
author_sort Zhang, Xinglin
building Nottingham Research Data Repository
collection Online Access
description A supplier review system can play a significant role in ensuring the enforcement of procurement rules through its deterrent and redress effects. This thesis aims at providing a critical analysis of the current Chinese supplier review system and identifying and evaluating options for improvement of the Chinese system, based on the analysis of provisions on supplier review contained in the UNCITRAL Model Law on Procurement, the GPA, the EU Remedies Directives and APEC Non-Binding Principles on Government Procurement. This thesis first discusses key characteristics of national supplier review system, concerning forum for review, standing and procedures, and the remedies, provided in the Model Law and the other three international instruments; and then examines these main aspects of the current Chinese supplier review system. After critically analysing the current Chinese system, it has been found there are a number of important deficiencies in this system, in particular, there is uncertainty over the forum for review, the whole dispute resolution process can be quite lengthy and the available remedies are ineffective. These problems have hampered the effectiveness of the system and made it inconsistent with the international standards which may soon apply or currently actually apply to China, namely the GPA and APEC NBPs. To make the Chinese supplier review system truly effective and also comply with the existing/forthcoming international obligations, the author recommends reforms that aim to be effective yet capable of realistic achievement and also workable in the particular context of Chinese circumstances and the existing position in China. These include providing a unified supplier review system to all complaints regarding government procurement process, improving the current sequential tiered review system, revising the current provisions on standing and the time limit for initiation, offering clear rules on remedies and deleting unreasonable sanctions on the complaining supplier.
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spelling nottingham-106532025-02-28T11:09:05Z https://eprints.nottingham.ac.uk/10653/ A supplier review system as part of the government procurement system for China Zhang, Xinglin A supplier review system can play a significant role in ensuring the enforcement of procurement rules through its deterrent and redress effects. This thesis aims at providing a critical analysis of the current Chinese supplier review system and identifying and evaluating options for improvement of the Chinese system, based on the analysis of provisions on supplier review contained in the UNCITRAL Model Law on Procurement, the GPA, the EU Remedies Directives and APEC Non-Binding Principles on Government Procurement. This thesis first discusses key characteristics of national supplier review system, concerning forum for review, standing and procedures, and the remedies, provided in the Model Law and the other three international instruments; and then examines these main aspects of the current Chinese supplier review system. After critically analysing the current Chinese system, it has been found there are a number of important deficiencies in this system, in particular, there is uncertainty over the forum for review, the whole dispute resolution process can be quite lengthy and the available remedies are ineffective. These problems have hampered the effectiveness of the system and made it inconsistent with the international standards which may soon apply or currently actually apply to China, namely the GPA and APEC NBPs. To make the Chinese supplier review system truly effective and also comply with the existing/forthcoming international obligations, the author recommends reforms that aim to be effective yet capable of realistic achievement and also workable in the particular context of Chinese circumstances and the existing position in China. These include providing a unified supplier review system to all complaints regarding government procurement process, improving the current sequential tiered review system, revising the current provisions on standing and the time limit for initiation, offering clear rules on remedies and deleting unreasonable sanctions on the complaining supplier. 2008 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en arr https://eprints.nottingham.ac.uk/10653/1/Thesis-xinglin_zhang.pdf Zhang, Xinglin (2008) A supplier review system as part of the government procurement system for China. PhD thesis, University of Nottingham. GPA Model Law EU Remedies Directives APEC
spellingShingle GPA
Model Law
EU Remedies Directives
APEC
Zhang, Xinglin
A supplier review system as part of the government procurement system for China
title A supplier review system as part of the government procurement system for China
title_full A supplier review system as part of the government procurement system for China
title_fullStr A supplier review system as part of the government procurement system for China
title_full_unstemmed A supplier review system as part of the government procurement system for China
title_short A supplier review system as part of the government procurement system for China
title_sort supplier review system as part of the government procurement system for china
topic GPA
Model Law
EU Remedies Directives
APEC
url https://eprints.nottingham.ac.uk/10653/