Bid Participants Rights Protection

Bidding is commonly used in international trade at a project, the buying and selling of goods or service manner. Tender and bid activities as the main form of government procurement originated from Britain, has been 200 years of history in the western developed countries, universal, main western developed countries and some important international organizations, such as the United Nations, the European Union, the world bank, etc. Our tender and bid activities development later, just starting in the 1980s so far, only 20 years of development history in related laws and legal system, construction of still exists some shortage, especially to the protection of bid participants, lack of corresponding security and relief mechanism, leading the bid participants rights take place continuously, damaged seriously influence the fair competition big trading order. Bidding the subject of participants is bidding process, is the whole process of bidding for the other party, concrete including potential bidders, a bidder and the successful bidder, respectively exists in tender and bid activities of different program phase. Tender and bid activities are in essence a contracting process, bidding, bidding and calibration process corresponding to the contract law, the so-called an invitation to offer and acceptance, but at the same time both three behavior have different places, especially to the tenderer has more strict requirements and constraint, these all are of protection of rights to bid participants. The rights and interests of the bid participants to tender and bid activities, including basic based upon the principle of fair competition, trusty interest, expect the interests of interests and as prescribed by law, opposition right and complaint rights. These rights throughout the tender and bid activities, but present among the rights and interests of the bid participants is often neglected, appeared a tenderer false bidding, colluding bidding, regional monopoly and supervise and examine many damage bid participants lack the legitimate rights and interests of the case, the tender with our legal system is not perfect, the administrative supervision and failure, the interests of the local drives reasons such as inseparable. In view of the above situation, the author compared the western developed countries for reference the relative legal system and the international organization, combining with the actual situation in our country, analyses and summarizes the protection measures, such as bid participants clearly concrete determination standards, strengthen the legal maneuverability, realize the administrative supervision simplification, unification, efficient, perfect the damage the responsibility of bid participants rights shall be investigated for mechanisms, recognition and approaching to perfect our bid for constantly legal system, protect the legitimate rights and bid participants.