Legal Study Of Joint Venture Bidding In The Field Of Project Construction

Bidding of Project Contracting Joint Venture refers to in the field of project construction,two or more legal persons or other organizations, in accordance with the renderer’srequirements, organize as a consortium based on contact and joint submit a bid as a singlebidder. Compared with the separate bidding, Joint Venture bidding has differentcharacteristics in establishing conditions, organization structure, qualification examinationand legal responsibility. At the same time, Joint Venture bidding can reduce the business risk,improve the competitiveness, and provide excellent supplier for the purchaser, to ensure thesuccessful performance of the contract and the quality of the project. Therefore, in recentyears, more and more Chinese enterprises attempt joint bidding in project tendering. However,there has a defect in joint venture bidding regulations. With joint bidding widely used in theprojects tendering, more and more legal issues, mainly manifested in the qualificationexamination, internal management and supervision, arise in project tendering and bidding.From the perspective of economic law, the author analyses the illegal behaviors such asexcluding or restricting competition, fraud, rent-seeking in the joint bidding, and attempts toperfect the institution of Project Contracting Joint Venture bidding. Firstly, this paperanalyses the legal conception and characteristics of joint venture bidding basing on theexisting academic research. Secondly, the author points out the inadequacy of joint venturebidding legal system, combining with the Tendering and Bidding Law and practical problemsof joint venture bidding activities. Finally, on the basis of foreign practical experience andregulations concerning joint venture bidding, this paper offers a proposal to perfect jointventure bidding regulations in the field of project construction.