The Government Procurement Act is inAdopted at the 28th session of the Standing Committee of the National People's Congress on June 29, 2002, and effective as of January 1, 2003。Amended in accordance with the Decision of the Standing Committee of the Twelfth National People's Congress on Amending Five Other Laws on August 31, 2014;The Law on Tendering and Bidding was adopted at the 11th meeting of the Standing Committee of the Ninth National People's Congress on August 30, 1999，It came into force on January 1, 2000。It can be seen that the Government Procurement Law is implemented three years later than the Tender and Bidding Law, so the Tender and Bidding Law is "big" and the Government Procurement Law is "small".。

From the procurement subject and the source of funds。

Article 2 of the Government Procurement Law"Government procurement as used in this Law refers to the use of fiscal funds by state organs, institutions and organizations at all levels to purchase goods, projects and services that are within the list of centralized procurement formulated by law or above the procurement quota standard。The procurement subject refers to state organs, institutions and organizations at all levels, not even state-owned enterprises, and uses financial funds。Article 2 of the Tendering and Bidding Law "This Law shall apply to tendering and bidding activities conducted within the territory of the People's Republic of China.。Article 8 "A bid inviter shall be a legal person or other organization that proposes or conducts a bid invitation in accordance with the provisions of this Law."。No matter what the unit attributes, no matter what the source of funds, just want to determine the winning supplier through bidding this way can be。It can be seen that compared with the Law on Tendering and Bidding, the Government Procurement Law is "narrow" from the perspective of the procurement subject and the source of funds, the Law on Tendering and Bidding is "big", and the Law on Government Procurement is "small".。

From the perspective of procurement methods。

Article 26 of the Government Procurement Law Determined the public bidding, invitation to bid, competitive negotiation, single source, inquiry five procurement methods, and finally a backstop clause"Other procurement methods identified by the government procurement supervision and management department of The State Council" (This article provides a legal basis for the generation of new procurement methods in the future and reserves space。Therefore, there was the Interim Measures for the Management of Procurement Methods for Competitive Negotiation of Government Procurement Treasury [2014] No. 214, and a new procurement method was legally "born".The Tendering and Bidding Law, as the name implies, describes the relevant links of bidding, bidding, bid opening, bid evaluation and bid winning according to the process。In Article 10, bidding is divided into two ways: open bidding and invitation bidding, and the definitions are given respectively。It can be seen from this that the Government Procurement Law provides for many procurement methods (currently there are six, and there may be new procurement methods in the future), while the Tendering and Bidding Law only has two types: open and invited bidding, so the Tendering and Bidding Law is "small" and the Government Procurement Law is "big".。

From the perspective of legal categories。

The Government Procurement Law belongs to the substantive law, and the Tendering and Bidding Law belongs to the procedural law. The substantive law is in the leading position, and the procedural law is in the position of helping to realize the substantive law, but the procedural law also has its relative independence。When dealing with the relationship between the two laws, one should followThe principle of law application of "the latter law is superior to the former law" and "the special law is superior to the general law", when the provisions of the government procurement Law are inconsistent with the provisions of the tendering and bidding law, or the government procurement Law has special provisions, the government procurement Law should be followed。It can be seen from this that the Tendering and Bidding Law is "small" and the Government Procurement Law is "large".。

In fact, the Government Procurement Law and the Tendering and Bidding Law overlap, and there are also inconsistencies in the content, but they are not contradictory。The government procurement system is deeply related to the tendering and bidding system, but they are not exactly the same。Therefore, the two laws and the accompanying implementing regulations are not equal in size, and it is difficult to distinguish between them。In the future work and study, I will often read the two laws and the supporting implementing regulations, and only by truly combining the theory with the actual operation and reviewing the legal and regulatory documents from the actual work can I deepen my understanding and knowledge of the two laws。