Research On Law Of China On Bid Invitation And Bidding

Many factors such as imperfectness of bid invitation and bidding laws and regulations, nonstandard management and impotent procedures have limited the development of bid invitation and bidding legal system. For China's bid and bidding management, the process of access to international common practice should be speeded up, based on reality, in terms of compulsory bid scope, bid invitation mode, bidding procedures, etc. by drawing on the valuable experience and methods of other countries. The author systematically probes the corresponding legal system of China in depth in this thesis so as to identify the current development status and history of the laws and regulations. After introducing the relevant regulations in the international procurement norms, the author proposes to absorb the advanced experiences for improvement of bid and bidding legal system in China. Additionally the existing problems of this system is referred to in the specific implementation of laws. There are still some serious issues worthy of consideration during implementing the bid and bidding laws and regulations, for example, the conflicts between the public bid and bidding law and government procurement law; the main issues existed in the bid and bidding management; the principal problems in the process of implementing the bid and bidding law, such as some departments and local governments going against the bid and bidding law and setting up trade monopoly and region barriers; and the problems existed in the self-management of bid and bidding sector. All the above issues not only violate the legal principles of openness, fairness, impartiality and good credibility specified in China's bid and bidding law and restrict the implementation of the corresponding legal system, but also disturb the order of the market economy and produce the breeding ground for corruption. For this reason, Chinese government must adopt effective measures to these problems and effectively resolve them through improving system, consummating mechanism, strengthening supervision and regulating behavior. Hereto the author puts forward the methods and measures on further improvement of China's bid and bidding system from a personal view.