Study On The Legal Problems Of Project Bidding Supervision

From the80’s of last century in China begin to implement the bidding system of engineering construction, experience from the pilot, and to gradually improve the development process. On January1,2000, the People’s Republic of China tendering and bidding law (hereinafter referred to as the bidding law) was officially adopted in China, marking the construction project tendering and bidding system into a legal track. The tendering and bidding law for more than10years in the construction field plays a positive role no doubt, but the application in law and practice in the process, there have been some problems, especially in the bidding supervision is concerned, the relevant laws and regulations are not perfect, the regulatory system is unreasonable, excessive administrative interference, lax law enforcement, emerging issues such as ineffective and exposed. These problems directly or indirectly led to the field of engineering bidding, Wai s series standard, malicious false bidding ALTs, manipulation and other violations are rampant violations seriously undermines fair competition environment in construction field, to the severe impact on the quality of construction projects and risks, threatening people’s lives and property safety and social harmony and stability. February1,2012People’s Republic of China bidding regulations (hereinafter referred to as the implementing Ordinance) formal promulgation and applietion in law and practice has emerged in a series of new situations and new problems. Tuetefore, urgently needed in the theoretical research and practice areas to find ways to solve the problems existing in the bidding supervision and methods.Article for an overview of the whole construction project bidding system, introduces the concepts of bidding and the basic operating mode, focuses on concepts, contents, methods of tendering supervision and regulation. Part Ⅱ introduces the basic pattern of bidding supervision in our country and its laws, rules and regulations, and provides the following analysis builds flaws and shortcomings in tendering and supervision in China. The third part focuses on analysis of problems existing in the bidding supervision. Based on bidding supervision practice, clearly pointed out that the current critical legal issues existed in bidding supervision in China, namely, relevant laws and regulations are not perfect, the regulatory system is not reasonable, excessive administrative interference, lax law enforcement, inadequate investigation, and explains the problems of dangerous. For example:pointed out that self regulation in regulatory regime issues seriously, supervision departments cannot impose oversight role of the bidding process for a very good; the Agency on the issue, pointing out that the agency supervision mechanism is not perfect, to incentivise vulnerable about tenderers and bidders, resulting in problems such as illegal to manipulate the bidding. Part IV on the basis of the first three chapters, puts some legal aspects of bidding of construction engineering supervision measures. Expects through strengthened construction engineering enrollment bid regulatory system legislation research, perfect enrollment bid regulatory legal regulations system; through established concentrated unified of regulatory mode, increased regulatory efforts; through perfect credit system, and implementation no bid tender system and online enrollment bid mode, measures to perfect strengthened China engineering enrollment bid regulatory work, especially proposed through tender select tender agent institutions mode, this a way has in Jilin province traffic based facilities construction market application, made good effect.