Construction Project Bid Notice The Force Of Law And Related Issues

Into effect on January1，2000，the Tendering and Bidding Law of thePeople’s Republic of China hasplayed an important role in the specification of the China State Construction Engineering standardtendering system. The notification of award construction contract as an important legal instrument in thebidding system would ultimately be the smooth implementation plays a key role. But in our current field ofbidding， the nature of the scaling behavior is not clear， in practice the notification of award has beenissued a written contract has not been the stage of signing of non-fulfillment of the notification of award，the Contracting negligence or breach of contract in the understanding deviations and differences. Thisarticle aims to explore the inadequacies of the winning notice the force of law in China and related issues，and to offer constructive ideas for solutions， and hope to China won the bid notice the force of law andissues related to the improvement of positive significance.The notification of award as a special commitment to the process of the bidding stage， involving civillaw principle， especially the application of the principle of contract law. But the current law thenotification of award of the construction works there is a lack of legal， existing doctrine and legislativepoints to determine the path is not clearly defined，with a true sense of the guiding role in judicial practice.Therefore， the nature of the notification of award of construction works， the force of law and otherrelated issues still need to be clearly defined. The legal effect of notification of award， through the strokeson the origin and development of the course of the tendering system， from the legal theory of thedefinition of the notification of award， the notification of award issued by tender to the successful bidderto inform which the subject written notice， with a commitment to the laws of nature and characteristics.Bidding Law of the People’s Republic of China， and contract law and the legal effect of notification ofaward of construction project bidding process to define the existence of the theory of defects， theformation of a certain vacuum，causing theorists and practitioners to understand，resulting in applicabilityand operability of the liability in practice is relatively poor. Theory About the author based on domestic and international legal theory on the notification of award of legal effect of notification of award Contractingnegligence legal theory， starting from the perspective of jurisprudence， the issue of notification of awardof construction engineering works contract does not set up does not take effect legal review， and fullyaffirmed the notification of award of the construction of the project contracting negligence. On this basis，the notification of award of the construction projects in China issued by the Contracting negligence theoryto make the relevant discourse.In addition， since our country won the bid notification system is not perfect， construction projectbidding in the specific operation， there are some serious problems can not be ignored， first， the legaleffect of notification of award to define the unknown cause and applicable in practice is difficult;Secondly， in order to to improve the successful bidder， bid rigging is serious. Bid rigging in violation ofthe principle of open， fair， impartial and honest credit and other provisions of law in our countryZhaotoubiaofa disrupt the market economic order is the breeding ground for corruption; In addition，China’s legislation on notification of award scattered in various laws， regulations， rules， and evennormative document， the notification of award in our specification and adjustment of laws， regulations，in addition to contract law， construction law and other laws， but also there are a large number ofadministrative regulations， departmental rules and local sexual regulations. Laws and regulations do notfocus on the various legislative will inevitably lead to duplication， overlap and contradiction; finalnotification of award relief missing， on the one hand， China’s legal provisions of the legal property of theconstruction project bid bond is not very clear， causing understanding of engineering practice vary，understanding different， leading to the confusion of the practical operation; ill-defined administrativesupervision， lack of supervision of relevant government departments， administrative， administrativeregulatory regime of the lack of design and departments have overlapping responsibilities.In this regard， according to the author puts forward corresponding countermeasures and suggestionsto solve the successful tenderer notice the force of law and related issues. First of all， for the notificationof award of legal effectiveness vague， to improve the legal effect of notification of award， theintroduction of the Contracting fault liability; rationalize the relationship between laws， regulations， departmental rules and regulations clearly successful application of the law of notice; improve constructionproject industry access system， improving the access threshold， increase the the blacklist punishment，elimination of corruption in; Finally， on the one hand to improve the notification of award bid bond lawsand legal remedies， established the principle of the deposit of the bid bond penalty; the other handincrease notification of award of administrative supervision， and improve the administrative supervisionsystem to further improve and perfect the supervision and management mechanism， intensify supervisionand inspection， and promote the work of construction project bidding to become standardized，institutionalized and legalized.Bidding activity is an equitable and fair business competition mechanism， the notification of awardas the re-bidding is content， whether it is operating from practice or from the perspective of the legislativeprocess， should the law article on the notification of award of the corresponding specification. Accordingto the characteristics of construction projects， we want to develop the implementation details， timelyprocessing of truly successful new contradictions and new problems emerged in the notice， to promote thehealthy development of the market economy， truly a public bidding， impartiality， fairness， protectionof transactions legitimate rights and interests is essential to promote the healthy development of socialistbidding market， play a due role of the notification of award.