On Legal Regulation About Construction Tendering And Bidding In China

Tendering and biding has prevailed in the world,came into a perfect system,and become a international rule obeyed by governments and ventures. After China enter into WTO, it aimed at the new challenge and the development tendency of international inviting bids and bid upon and raised basic principle and detailed measures to consummate legal institution on tendering and biding in our countryThe law of the People's Republic of China on tendering and biding was adopted at the Standing Committee of the eleventh National People's Congress on August 30,1999 and effected in January 1,2000 Construction project bid whether market economy carry on projects contracting and main transaction way to send bag under the terms, whether the standardization of the bid activity will influence the order of the market of building of our country directly or not, concern bid activity according to open fair , just principle go on.The article will focus on the tendering and biding of construction projects, and intends to analyze the defaults of the law on the standard of the economic law and propose some measures to deal with the existing problems. The article is distributed into four parts. The first part contains the basic concept of invitation to tender and bid. It provides a brief definition and feature in law. the paper discusses the concept and legal characteristics and. Give a concise description for the program of bidding. The second part give a research on international bid rules and principle by means of competition, expectedly in foreign bid system structure, UNITED NATIOPURCHASE DEMONSTEATE LAW, WT O GOVERNMENT PURCHASE AGREEMENT EUROPEAN UNION PURCHASE INSTRUCTIONS, WORLD BANK PURCHASE GUIDE; and analysis the feature, basic principle, core standard ,competitive measure and other country's bid system.The third part mainly discusses the concept and legal characteristics and also the development of the bidding and tendering for the construction in china and analyzed problems in the legislation on inviting bids and bid as problems existing in practical movements as well, and profoundly analyzed the reasons created these problems theoretically.In the fourth part, author make a complete analysis on the practice of methods of the bidding, and point out the decencies of the legislated methods, and some measures on the base of the former three parts, the author suggests the legal advice on how to realize and perfect the regulation with Chinese characteristics.