The Research Of The Legal Regulations For Collusion With The Bidding Behavior In The Engineering Construction Field

The bidding system was as a form of purchasing firstly. It originated fromBritain， and also had the evolution history of over200years. It is a kind of economysystem reflecting the fair， free and trading. The bidding system in our country beganin the1980s. Due to the competition mechanism step by step being into theengineering construction field， the bidding system become an indispensable systemin the field of engineering construction. With the continuous development of socialeconomy， it gradually formed a set of complete bidding system in the field ofengineering construction. we implement the bidding law of the People’s Republic ofChina On January1，2000，and then coming into force the tendering implementingregulations of the People’s Republic of China on January1，2012，especially inBeijing， Shenzhen， Shanghai， Tianjin and other cities as a leader in thedevelopment of economy. The bidding behavior in theory slowly comes to thespecification， it can be used as a guarantee of fair competition in the market system，to prevent and against monopolies having played a important role and protecting thelegitimate rights and interests of the bidder and economic interests.With the bidding system being promoted， the collusion bidding behavior hasbeen revealed. The reasons are the imperfection of the bidding system specificationand the bidding market being not mature enough. The collusion bidding behaviorfundamentally violates the bidding system nature of the pursuit of fair and free trade.①It does not only damaging the legitimate rights and interests of other marketparticipants， and also damage the whole bidding competition in the market order.The bidding system still need constantly stop the happening of the collusion biddingbehavior.The article starts from the concepts and the development of the bidding relevantlegal system. To trace the other countries’ bidding system about how to carry on thehistorical evolution and the general situation of the development of the public bidding system. In order to fundamentally lay the foundation that bidding system in the natureof acts of unfair competition， it carries on the present situation analysis and how tocarry on the legal regulation. We can achieve the purpose of the study of the subjectthrough the above analysis.The first chapter mainly introduces the public bidding system engineeringconstruction field basic overview. This system should be how to abroad in thehistorical process and how to apply， the practice， trace the development course ofthe public bidding system in our country.The second chapter mainly analyzes the nature of the collusion bidding behaviorin the field of engineering construction analysis， the basic concept and basiccharacteristics of the collusion bidding behavior， and then expounds the forms andharms of the collusion bidding. And then from the anti-unfair competition law，anti-monopoly law and the nature of economic law field analysis of the behavior.The third chapter mainly analyzed from two aspects the reasons of the collusionbidding behavior， reason and the cause of the market legal system. The question onthe collusion bidding， especially the root cause of the collusion bidding behaviorresearch， and then explore the collusion bidding behaviors of countermeasures. Sothe collusion bidding law of the cause of the problem， and relevantcountermeasures，to effectively prevent the collusion bidding behavior，establishingand perfecting the collusion bidding regulation mechanism， will play a positive rolein promoting.The fourth chapter mainly had two aspects to explore the collusion biddingbehavior in the field of engineering construction countermeasures. Firstly， toimprove the system of bidding law and the relevant system through the qualificationexamination system and optimize the evaluation method and increase the collusionbidding cost and perfect the tendering procedure， etc to perfect bidding law system；Secondly， to establish and improve the unified， establish credit system， strengththe management of project after the bid and so on.