Comparative Study On Bidding System Of Domestic And Abroad

Bidding activity is a way to make rational allocation of resources under the market economy system. This approach not only helps protect the state, collective and public interests, protects the legitimate rights and interests of the parties bidding but also a good way to fully mobilize social resources and improve economic efficiency. However in order to reach the objectives, the bidding activities should comply with bidding regulations.Many countries and regions have introduced special laws and set specialized agencies to regulate the bidding activities in construction projects. However large differences exist in contents, conduct codes and legal norms of the bidding regulations, which is not good for the development of international bidding business. As a result, the comparative study of domestic and international bidding law system is not only to finish the task of developing the modern era of the construction bidding system, but also to meet the requirements of international bidding business development.The paper compares the bidding law system of home and abroad and summarizes the shortcomings. It also advances the suggestions to perfect our country's bidding system. The paper will be divided into the following parts:The first chapter illustrates the research background and significance, combs the home and abroad literatures relevant to this research and introduces the evolution of the legal system, bidding theory and research progress in the field. In the full understanding of the latest research and basic inadequacies on the field, we set the research direction and build the basic framework.The second chapter is the basic theory of bidding. Firstly, this chapter defines the concept of bidding, analyzes the relationship between bidding and auction and clarifies the differences between the two for a further understanding of the concept of bidding. Then it describes the scope and application conditions for bidding. Finally this chapter illustrates the theory of bidding system, including game theory, transaction cost theory and agency theory. The third chapter presents the bidding system in China. This chapter reviews the process from initiation to continuously improvement of bidding system. Then it illustrates the basic framework of China's bidding system and introduces the "Tendering and Bidding Law" and "Government Procurement Law" and summarizes the linkage and difference between the two laws. The last part of this chapter describes the role of China bidding system in practice.Chapter four compares the bidding system between China and international organizations. This chapter elaborates the main content and features of the UN, WTO and the World Bank bidding system. On that basis, the analysis focuses on the similarities and differences in bidding system between China and the three international organizations.The fifth chapter compares the bidding system between China and developed countries. This chapter firstly analyzes bidding system in the U.S, EU and Japan, including American basic procurement management system, relevant agencies, major regulatory conditions, public responsibilities. The paper introduces the formation process nature and purpose of the EU procurement directives, supply, work and service in standard operating and the corrective mechanism in public utilities directive mechanism. Also this paper points out the legislative situation in Japan construction bidding system, government supervision and management mechanism, the semi-official agencies to assist management mechanisms, criteria for evaluating companies and specified principle. On this basis, this paper focuses on analysis differences between China's bidding system and the system of these three countries.Chapter six makes a comprehensive comparison of domestic and international bidding system. It makes a comparison of the main contents construction, the application of legal norms and practical basis of bidding system. This paper makes a contrast analysis between China and international'organizations bidding system, Chinese and foreign bidding system, finally this paper points out the main problems and the enlightenment to China.On the basis of former analysis, chapter seven advances the policy suggestions to perfect the bidding system of our country. The suggestions are:improve and coordinate existing laws and regulations, implement the tender and bidder lifelong responsibility and credit system, promote the implementation of the lowest online bidding system, improve industry self-regulation mechanism and make the government play a supervisory and management function.The final part makes conclusion and summarizes the shortcomings of the paper. It also points out the main problems that should be further studied.