Litigant Resolution On The Disputes Of Tendering And Bidding In Project

Since the founding of the PRC, the construction of project used to be constructedby administrative plan. Until the1980s, the state council of china firstly declared thatsome projects which is proper to be contracted could be constructed by tendering andbidding. To further standardize the tendering and bidding, china enacted the <TheTendering and Bidding Law of the PRC> in the year of2000. Since the new century,the Chinese urbanization process has been accelerated continuously. The tenderingand bidding has also developed greatly. Meanwhile, the problem of tendering andbidding has been constantly emerging. The relief of disputes in the tendering andbidding is the most important one of them. This paper advocates to using the civilprocedure to resolve construction.This paper has four parts. It has27000words nearly, except the introduction andepilogue.In the first part, it briefly introduces the disputes in the tendering and bidding andthe ways to resolve them. The disputes are the starting point of civil procedure. Nodisputes no civil procedure. Firstly it introduces the conception and kinds of disputesin the tendering and bidding. Then it elaborates the current ways of resolve thedisputes in the tendering and bidding. They are objection complain andreconsideration. The function of first part is to educe the object relieved by civilprocedure.In the second part, it discusses the necessity of civil procedure in the tenderingand ridding. Firstly, it points out the shortage of the current resolution in the tenderingand bidding. It means the practical necessity civil procedure in the tendering andbidding. Then it discusses the necessity from the aspects of judicial intervention, thebest resolution of disputes and the balance of power. The necessity is the base of civilprocedure in the tendering and bidding. Meanwhile it is one of the difficulty points inthe paper.In the third part, it defines the elements of the protection and the object of the action by the basic theory of civil procedure. Firstly it discusses the civil procedure inthe tendering and bidding. Then it fully demonstrates three basic theories which is theaction, the object of action and the combine of action. The exploration of the basictheory is the key and difficulty point.In the fourth part, it tries to make some advice of the civil procedure in thetendering and bidding. Firstly it discusses the choice of civil procedure which theparty must face at the beginning of the procedure. Secondly it discusses thejurisdiction of civil procedure in the tendering and bidding. Thirdly it discusses theposition of some special parties such as the bidding agency and the bid assessmentcommittees. At last the fee of the procedure is also the urgent issue in practice. Thispart is one of the most important parts of the paper.The beginning of the paper is the disputes and their current resolutions. Then itreveals the shortage of the resolutions, which is the practical necessity of the civilprocedure in the tendering and bidding. In the end it discusses the civil procedure inthe tendering and bidding in detail from the aspects of basic theory and specificprocedures. The purpose is to hope there could haven some function to relieve theright in the tendering and bidding, and also hope to do some effort of the constructionof the regulation.