A Research On Problems And Law Regulations Of Bid-Rigging

Public bidding and tendering system is firstly originated from the Britain,which is popular now in the whole world.It is a kind of competitive transaction way for market trade subject to obtain public resources,such as projects,goods and services.Since the introduction of the system in 1980 s,it has played an important role in regularizing market transactions in China.However,because of the long-time absence of correct competitive consciousness in mind of market trade subject and incomplete bidding laws and regulation as well as insufficient management experiences,a large number of illegal behaviors including bid-rigging mainly was performed by a part of subjects for the purpose of making great profits.Furthermore,the bid-rigging has become a latent rule for free passage.The prevailing of bid-rigging behavior not only breaks free-competition market order under the environment of market economy,but also has serious damage to interests of state,collective,society and other participants calling for bids.On the basis of bid-rigging problems,the thesis will have a discussion and research from the perspective of law regulations,and then relative suggestions and solutions will be put forward.The thesis can be divided into six parts and the first part is introduction.The second part is an overview of bid-rigging problems.Beginning from the definition of bid-rigging,the part,in consideration of the academic opinions at home and abroad,firstly describes the property and characteristics,and the patterns of manifestation are summarized and concluded afterwards.The third part mainly analyzes the reasons of bid-rigging from the aspects of mechanism and system as well as social factors.Meanwhile,the verification of bid-rigging behavior is analyzed from the points of its subject,object,key components and existing law.Afterwards,the severe injuries caused by bid-rigging are summarized from the aspects of damages to multiple-interests,destruction of public bidding and tendering system as well as breeding of corruption.The fourth part includes the current situation and existing defects of law regulations on bid-rigging behavior.The fifth part mainly introduces key measures and useful experiences of Germany,France and Japan to solve bid-rigging by way of law regulations.From a multi-angle perspective,the sixth part puts forward relative suggestions and solutions to improve law regulations in China to prevent bid-rigging by way of establishing an integrated and standard law regulation system,building a strict and efficient supervision system of law enforcement,regularizing biding-information disclosure system,improving leniency program,applying punitive compensation system if necessary,setting up credit system with national connectivity and advancing electronic bidding and tendering system.