The Current Situation And Perfecting Of The Legal Regulation About Tendering And Bidding In China

2013is a new historical starting point of China’s Comprehensively Deepening Reforms. In this brand new stage, the reform of the economic system is still the focus of comprehensively deepening reforms, and the underlying issue we face in the reform of the economic system is how to strike a balance between the market and the government. It means that we should deepen economic system reform by centering on the decisive role of the market in allocating resources, and speed up the transformation of government functions to exploit the advantages of the government. Being a part of the socialist market economy, bidding system has played an important role in China’s market economy in the past thirty years. So, the bidding system must keep pace with the reform, responding to the nation’s call for deepening the economic system reform comprehensively and implementing the requirements of making the market-oriented as guidance of market economic system reforms. At present, problems in areas of bidding and tendering request us to handle the relationship between the market and the government properly, and achieve a balance between the autonomy and the regulation. Specifically, is to regulate the order of the market economy by improving and perfecting the legal system, and to standardize government’s functions by putting the power into the cage of legal system. Moreover, social intermediary organizations are also needed to be cultivated and developed. All these methods are to make market, government and society form a cohesive force, and to jointly promote the development of the bidding and tendering market to be healthier, more normative and orderly.This paper is divided into six parts:The first part is the preface which includes three aspects:first, through analyzing the bidding system how to play the role in practice and combining with the latest policies and laws of our country, points out the background and significance of this subject; Second is the introduction of literature review on tendering and bidding; And the last is a brief overview of this article.The second part is about the summary of the public bidding system, including the exploration of how the bidding system came into being, as well as the history and the development process of bidding system. This part is divided into two aspects, first is to understand the concept of bidding and tendering, and then draw forth that the bidding and tendering is a transaction method with the characteristics of market economy. And to explore historical conditions of bidding and tendering basing on the above essential characteristics, aiming to explain why bidding and tendering bred in the commodity economy age while ultimately formed and developed in the era of market economy. Second is a simple analysis of the origin of foreign bidding system and the three development process in our country.The third part is an introduction to the theory of bidding. This part focuses on analyzing the legal nature of bidding and tendering, the principles that should be followed and the theoretical basis for bidding and tendering regulation. Bidding and tendering from the legal point of view is a civil juristic act that reflects the civil legal relationship by contracts. Thus bidding and tendering in addition to following the principles of market transactions, it also should follow the basic principles of contract law, which are the basis of healthy and orderly market trading activity. But in reality, market failure and government failure coexists as the result of there is no coordination between the government and the market. For that reason, bidding and tendering regulation is necessary.The fourth part is the analyzation and summarization of the practice questions appearing in various aspects in the bidding and tendering in the eyes of market failure and government failure. The bidding system has the general characteristics of the market economy, namely that though free competition is essential, the market economy also has some unavoidable drawbacks. In responding to those drawbacks, the government is expected to remedy market failures and correct market distortions. Government also should not intrude too far into markets, or it will result in government failure. At present the ideas of fairness, honesty and credibility are not universal, government functions are also lack of standardization. All these problems reflect the uncoordinated relationship between the government and the market in the field of bidding and tendering. It is hard to cope with the relationship of the market and the government at the point of that who should be stronger and who should be weaker.The fifth part put forward some suggestions on perfecting the legal regulation to solve the problems that have been mentioned in the fourth part. On this issue, the basic ideas are to ensure the free market, to place the government intervention and to develop the social intermediary organizations. With the purpose of creating a "live without chaos" bidding market to achieve a balance between autonomy and regulation of the market and maximizing the function and value of the bidding system, we should make efforts to coordinate the relationship between the market and the government. It means that the government should delegate powers to market and manage its own affairs, while things that market can’t do well must rely on social intermediary organizations to manage.The sixth part is a conclusion. The views that we must put efforts into guaranteeing the free market, standardizing and enhancing government supervision, as well as cultivating and developing social intermediary organizations has been reasserted, aiming at striking a balance between the government and the market in bidding and tendering and achieving the balance of autonomy and regulation from the legal point of view.