Study Of The Legal Problems On Inviting Bids And Bid Of International Contracting In China

Biding system, the main form of contracting and putting out to contract, has been widely carried out in the engineering project construction internationally and domestically. It uses the mechanism of market competition, establishes an implement principle of openness, fairness and justice. The contract unit preferentially selects the design units, construction units and the material supply units for this system. The practices have proved that the biding system is the best way which can guarantee the quality standard of the construction, accelerate the rate of advance in the engineering construction, and gain the ideal economic profit.Biding system, an important implement measure in the contracting of the international construction project, has a very important status in the international construction project and plays a key role on the final successfully implement of the international construction. Since the early period of 1980s, our country has begun to carry out the biding system of the project construction. As the practitioners, who have devoted to the international engineering project, have gained permanently development and satisfying achievements both in the theory building and practical uses of the system. But because of these reasons, such as the irregular development of building market, the restrictions of the management system, the lack of experience and so on, there are still many problems in the specific operations of biding in the construction project. Especially on the ground of the reality problems-the less improvement of our biding system, and the poorer competition ability of the building enterprises in the international engineering market-the management level of this system still needs to be improved. Its law system remains to be less perfect, unable to link with the world, and has no sufficient law foundations to handle and avoid the problems that appear during the process of biding. Therefore it demands us to value the improvement of the biding system when we have fully enjoyed the advantages of national economy that brought by it, however, the key point of the job should be put on the legislation of the system, the supervision and law restraint on every aspect of it.This paper regards the biding system of the international project as the basic research target, explores and studies the law problems of biding in our international project from an angle of the relevant law systems. The thesis can be divided into four parts:the first part is the theory outline of the international project biding, including the concept of the international project, the basic notion of the international project biding, international practices, operation procedure, the main features, the ways of realization and so on; the second part is the study and analysis of the law system of international project biding,the tendency of development, and our general situation of biding system; the last part analyzes the enlightenments of the foreign biding law system, on which base, putting forward the solutions to our problems of biding law.This paper aims to explore the drawbacks of our biding law system, and putting forward the constructive advices and solutions to the problems. And hoping it will have positive significance on our improvement of the international biding law system.