Research On Legal Regulation Of Collusion Bidding Behavior

Collusion bidding behavior is a part of the participants in tender and bid activitiesillegal collusion, it caused violations to the social public interests and other legitimaterights and interests. Collusion bidding behavior may occur at various stages in the tenderand bid activities, it has very big harm. Escalating colluding bidding behavior and meansthe number of order, not only pollute the whole bidding industry and ultimately reflectedin the resulting bidding engineering accidents frequently, caused the real threat to publicsafety.Through analysis of the nature of the collusion bidding behavior can be learned,colluding bidding behavior is a kind of infringement, violation is goodwill faircompetition from any other rights and other legitimate rights and interests, the concreteand other legitimate rights and interests of the varies from one type of a project subject totender, mainly displays in mandatory bid to infringe upon state, social public interests, ona voluntary and bidding mainly for infringing the personal lawful rights and interests. Inview of this, it is necessary to force the tender and bidding colluding in the biddingbehavior voluntarily discuss separately, the mandatory tender should be involved in theadjustment of law, of voluntary bidding should be based on the principle of autonomy ofprivate law to adjust to rule out intervention of public law.Due to lack of awareness of the collusion bidding behavior, our country related lawsand regulations on the collusion bidding behavior regulation to prevent quite lag, it is tomaintain the normal market competition order, protect the lawful rights and interests ofbona fide bidder caused the bad influence, Through the analysis of the lack of legalregulation in our country and draw lessons from foreign mature to prevent collusionbidding behavior of the legal regulation experience, this article from different angles toimprove prevention in our country the legal regulating of the collusion bidding behavior put forward its own views and Suggestions.