The Just Value Of The Procedures For Bidding Of Public Construction Projects In China

Public construction projects tender and bid activities of our country are relatively typical comparing with general tender and bid activities . However,comparing with invitational tenders. public tenders are universal.Therefore,the writer tries to perfect the program of our country by analyzing the existing programming of Public construction projects tender and bid activities and imagining to cover the shortage of existing program and emphasize substantive justice of tender and bid activities at the mean time to satisfy the requirments of justice of tender and bid activities .Public construction projects tender and bid activities of our country are distinguishingly characterized by its program,which can not be jumped over and reversed and is designed for the purpose of justice by Analyzing the existing program .However ,the writer holds the opinion that the programming to justice while insis tenders and bids leave space to improve. Firstly is lack of program unity ,for example,law on tenders and bids conflicts with law on Government procurement on law application of construction projects. Law application conflicts leads to problems of program justice. Secondly is lack of program design,for example ,reason explanation program of bids assessment results is not stipulated by concerned laws, regulations and rules of tenders and bids. Thirdly is lack of proper program design,for example , administrative organs and supervision departments make rules without authorization. In addition,there are many substantive problems existing at parctice of public construction tender and bid activities ,such as excessive administrative intervention ,wether the judges may give substantive and just assessment or not ,wether the supervising organs may supervise lawfully or not. In order to solve these problems,,the writer therefore suggest that advanced laws ,professional tender documents should be made to perfect the program of tenders and bids and to realize the value of program and furtherly substantive justice by realization of program justice. However ,program justice and substantive justice are of the same importance. The law executors must do ting on factsProgram justice is demanded by construction prejects marketing in country under the rule of law. New measurement of program of public administration and substantive assessment of judges are summoned to realize substantive justice and finally realize a society under the rule of law in this field.