Research On Legal Institutions Of Public Project Biding Under The GPA Perspective

Bidding is the special law in civil law and commercial law area, it refers to civil,economic, administrative law. In the perspective of national law,《the biding law》regulations on the construction project,while《Government Procurement Law》regulations on the department which using funds from public finance to purchasegoods, services and projects. Which resulting in the government procurement projectswill apply to 《Bidding Law》and 《Government Procurement Law》at the same time,but the two laws exist differences in the scope, procedure, supervision, legal liabilitiesand other aspects, legislative norms do not coordinate is a big problem.Most countries bring the construction project into the 《GovernmentProcurement Law》or《Public Procurement Law》to regulate, the GPA also treat theproject bidding as a part of government procurement(Public Procurement),by thegovernment procurement law adjustment. With China’s accession to the "governmentprocurement agreement"(GPA) process is accelerating, how to make Domestic normscoordinate to the GPA is important.Once China join the GPA, become a member of the GPA, it must adjustdomestic laws and regulations under the GPA framework, In accordance with GPArules, this paper written in this background. The first chapter of this article introducesthe basic theory of our country’s construction project bidding, compared with theinternational project bidding theory and development process. The second chapterintroduces the law and regulations of domestic project, There exist some problems：some bidding rules are not perfect, some provisions are no specific, laws betweenbidding law”and“government procurement law”，“criminal law”，“contractlaw” are mismatched， further explains the important meaning to research theconstruction project bidding in view of GPA. The third chapter analysis of differencesbetween China’s project bidding and procurement law and the GPA rules, there aredifference in the scope of application, procurement subject, limitation of purchasing,procurement methods and procedures, regulatory relief, etc. Finally, building unifiedpublic procurement law，need perfecting the bidding method, refined relevant lawsand regulations，coordinate the relationship between the “bidding law”and“government procurement law”，“criminal law”，“contract law”and other lawsAnd from the perspective of the GPA to adjust domestic project biding. Includingadjust the scope of application, procurement methods, evaluation standard andquestioned, complaints procedure to make it consistent with GPA...