Research On The Surround-bidding Of Government Procurement And Its Regulation

With the popularization of the bidding system of government procurement, moreand more suppliers use improper means to obtain government procurementcontracts.The problems of surround-bidding of government procurement emerge inendlessly. It produces an detrimental effect on the operation of the governmentprocurement system. Not only dose it waste money,but also it undermines thegovernment image.As defenders of the public interest, government has aresponsibility to against the problems of it.Souring out the prolem is the necessaryrequirement of the development of government procurement and coordinatingrelationship between government and market.It also has practical significance.This paper first introduced the concept,characteristics and harm ofsurround-bidding of government procurement, combined with the public interesttheory of regulation, the sectional interest theory of regulation and the incentiveregulatory theory,to study the problems of surround-bidding of governmentprocurement. It analyzed the internal logic of relations between the surround-biddingof government procurement and the government regulation theory,providingtheoretical basis for the analysis of main causes of the problem.Then it used typicalcases to analyze three major forms of surround-bidding, pointed out that the problemof information inequity, the weak sense of integrity, administrative ethics anomie，theimperfect legal system and the fact that the regulatory organizations have differentactions were the main causes of it. on the basis of it, we can draw lessons from thesuccessful experience of United States, Japan and South Korea focus. Combined withlegal and rational principle, principle of openness and fairness, principle of good faith,and principle of balance of public interest and enterprise interest,we can explore aseries of incentive mechanism which is the person will not to bear surround-bidding,cannot bear surround-bidding,dare not bear surround-bidding,including establishstandardized enterprise self-discipline mechanism,build effective regulation agencies,improve the government procurement bidding legislation system, and create a goodenvironment for the regulation.