Construction Of Legal Regulations Of Collusive Bidding

As one of the project bidding purchase service, thanks to its efficient, fair, open and wide use and other characteristics, is introduced to our country has gained wide acceptance and achieved good social effects, which not only promotes the rational allocation of resources in our country, but also improve the China construction enterprise management level and technical level on the whole.On the other side of our construction project bidding activities to achieve good comprehensive effect, is the construction of some main practitioners are obsessed with the go "shortcut" to obtain excess profits, in the construction project bidding activities in the rush into danger, the collusion bidding behavior prompted the bidding activities of the results themselves, eventually winning unfairly. Due to the lack of legislation, law enforcement and lack of supervision and influenced by the pseudo "He" culture, the collusion bidding increasing wind in the construction industry. In addition to collusion behavior and rent-seeking behavior of officials with more rights, resulting in the bidding behavior that greatly increased the difficulty, difficulty exponentially increased, becoming a cancer hindering the development of the construction market benign.This article not only analysis the construction engineering collusive bidding, but also define that the collusion bidding as a kind of monopolistic behavior. the bidding behavior should be "objective with behavior" as the standard of accomplishment, update the concept of bid rigging, add the experts committee or its members for the main collusion bidding behavior the collusion in each stage, scope of coverage of the bidding behavior of bidding, the main body covers the bidding behavior. Secondly, due to the collusion is qualitative monopolistic behavior, in the governance of the collusion bidding method can use part of the anti-monopoly act regulation means, through perfecting insurance system, improve the report relief system and the establishment of report reward system, increase the likelihood of collusion from internal and external breakthrough. Third, according to the bidding laws and regulations related to the administrative punishment law, put forward for the construction of collusive bidding for a separate penalty time point of view, and discusses the possibility, feasibility and rationality; according to the relevant provisions of all the regulating documents in construction area, the bid-rigging is one of the main behavior of bidders proposed provisions of qualification punishment; since the collusion bidding activities damaged the interests of civil rights can not get compensation status, discusses the possibility and advantages of the industry association as the subject of civil procedure.