Study On Chinese Bidding Relief

Perfect bidding relief is an important guarantee for the healthy operation of the bidding system. It helps to achieve the basic connotation of bidding fair competition, reflecting the spirit of the "Bidding" Law. However, defects and difficulties of enforcement legislation weaken the competitiveness and fairness of the bidding system, which hinders the healthy development of the market bidding and leaves room for "the abuse of power".The first chapter of the thesis reviews the tendering remedy problems by the case with practice. Self-help, social relief and public relief system are three perspectives summarized on the issues. Self-help, the opposition scope is limited to "illegal activities", opposition and re-objection procedures are generally inefficient, the tender makes the decision of re-tender arbitrarily, legitimate rights and interests of bidders can not be effectively protected. Public relief, the most serious problem is that the process of re-evaluation of administrative remedies is a complete mess, which lead to the result of a lack of executive authority complaints handling and low acceptance; at the same time, the lack of judicial relief also ignore the protection of civil rights of the parties, which increase the regulatory burden of the executive. In addition, on the hand of social relief, China now is lack of the participation in industry associations bidding relief, mediation is not yet right to trade associations from the "paper" fall on the "ground".The second chapter is the focus of this article, which relations three levels that is relief concept, management system and legislative relief bidding procedures. The tendering remedy problems uncover that the idea of “big government, small society” and “substantiality overweighing process” are still ingrained. Second, the weak pace of bid evaluation experts and expert database management system and the slow construction of the bidding credit system also contributed to the relief tendering procedures, which can not be ignored. On the one hand, the lack of independence of the bid evaluation experts, the lack of scientific evaluation of performance appraisal, evaluation experts behind the library building management system issues are virtually increased the burden of bidding relief program and the impact evaluation of the fairness; on the other hand, slow and missing patches of bidding credit system construction industry of the bidding credit system also weakened supervision, affecting the relief effect. The legislation is not perfect, which is direct cause of disordered bidding relief inefficient. Some of the relevant provisions of the Bidding Law implementing regulations are too principle, and bidding relief is inconsistent with applicable laws. The lack of a unified approach to the existing complaints and other issues are also directly brought confusion to law enforcement.The third chapter is bidding relief system inspection of the United States, Germany and "Government Procurement Agreement" released by the World Trade Organization. A sound and comprehensive supervision and management mechanism of specific practices are the essential element of perfect bidding relief system. The United States "Tender Committee" institutional settings and Germany bidding dispute "administrative-judicial " program settings are examples. Germany look the bidding system as one part of the competition law system, which emphasizes the concept of free and fair competition in the bidding system. We can learn from this breakthrough. In addition, it’s necessary to explore the "Government Procurement Agreement" for diversity dispute resolution mechanism.Perfect relief path of bidding are explored in the fourth chapter, which is the focus and difficulty of this article. Personally, the priority is to clean up and unified the mess of legislation related complaints, detailed specifications in principle, with the power to achieve justice and procedural safeguards substantive justice. Secondly, the government should improve relevant management systems, the use of stakeholder theory, through the establishment of a dynamic performance measurement, the evaluation experts hierarchical management system, and the establishment and evaluation experts pay for social service management, to achieve the scientific management. Normative function played by accelerating the construction bidding credit system and management system, establish and regulate credit verification agency, also be able to promote the interests of the bidding credit system. In addition, in a diversified exploration bidding dispute settlement mechanism, in order to safeguard the legitimate rights and interests of the parties bidding, it’s important to learn from international experience bidding timely judicial relief introduced censorship. But in view of the unparalleled advantages of industry associations in the dispute settlement, the law should remain a bigger space to dispute settlement authority bidding industry associations, making up for the failure of government intervention.