China's Bidding System, The Problems And Improvement

The bidding system is a kind of competitive way of trading in the market economy activities. With the introduction of the reform and opening policy in 1979, our country began to put the bidding system into practice, which has been developing quickly. The amount of the total funds continuously increases , more and more sections of the national economy are involved. Because it is not long since the introduction of the bidding system in our country, and it was set up in a transition period, the current bidding system can't adapt itself to the fast-developing market economy, which is becoming integrated into the global economy. Currently,《the implement regulation of bidding law》has already been included in the law-making plan by the State, and the National Development and Reform Commission has already started to draft《the implement regulation of bidding law》, and is asking the public for opinions and suggestions on the internet.This paper starts by comparing and analyzing the bidding practices and its laws in the western countries(regions) and in our country. Firstly, itt looks back to the history of the invention of the bidding system, analyzes the legal nature of the different steps in the bidding activity, and summarizes its four features: the legal and obligatory nature of the bidding procedure, the openness and transparency of the information, the fairness of the competition, and the competitive nature of the bidding. Secondly, it introduces the mature bidding system in the major western countries like Britain and the U.S., and analyzes the new trend in its development. From the perspective of comparative research, it discusses the four features in the practice in the foreign bidding systems that the mandatory invitation of public bidding is adopted when public procurement is conducted, the principles of competition, fairness, and openness are embodied in the laws, native enterprises and products are protected, and the ways of inviting bids are flexible and various. Lastly, it introduces the three stages of the formation and development of the bidding system in our country and the three layers of this system, thus the entity of the system is analyzed in an all-sided way. On this foundation, this paper explores in depth the five problems in the regulations and laws about the bidding system: the document system is not unified; some laws are not precise enough; the way of bidding is single; the complaint system is not perfect; the setups of legal obligations are not scientific. Correspondingly, it has explored the conflicts existing between and