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.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:514570 |
| Date | January 2008 |
| Creators | Zhang, Xinglin |
| Publisher | University of Nottingham |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://eprints.nottingham.ac.uk/10653/ |
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