促进科技自主创新的政府采购政策：两难困境及法治统合——《政府采购协定》(GPA)视角

政府采购作为需求侧政策工具，在一国科技自主创新中起着重要作用，我国为早日加入《政府采购协定》（GPA），暂停实施科技自主创新政府采购政策。从逻辑上看，我国科技自主创新政府采购政策面临两难困境：内有实现科技强国的现实需求，外受GPA等国际规则约束。困境的主要原因在于太过强调科技自主创新目标与国际规则间的对立，忽视了两种目标的协同。由此，提出双重目标协同的“第三选择”，也就是以法治方式实现两难困境的统合。通过立法模式和立法技术选择，对该领域法律进行整合与重构，将科技自主创新政府采购政策逐步分解、融入到相关法律中，使之对内服务于创新型国家建设需求，对外满足国际规则要求。

Government Procurement Policy to Promote Independent Innovation of Science and Technology:Dilemma and Integration of Rule of Law-GPA Perspective

As a demand-side policy tool, government procurement plays an important role in a nation's scientific and technological innovation. However, under the pressure of joining the Government Procurement Agreement (GPA), China has suspended the government procurement policy of independent innovation. Logically, the government procurement of scientific and technological innovation in our country at this stage features a dual orientation, thus facing a dilemma: internally, there is a realistic need to realize the strategy of strengthening China through science and technology; externally, its foreign affairs must be bound by international rules such as GPA. The root of the dilemma lies in too much emphasis on the opposition between securing the goals of scientific and technological innovation and meeting international rules, ignoring the synergy between the two goals. Therefore, the article puts forward the "third choice" of the coordination of the two goals, which is to achieve the integration of the dilemma through the rule of law, namely the legalization of policies. Through the choice of legislative model and legislative technology, the laws in this field are integrated and reconstructed, and the government procurement policy of technological innovation is gradually decomposed and integrated into relevant laws, so as to serve the needs of building an innovative country internally and externally. Meet the requirements of international regulations.