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Research On Legal Liability Of Bidder's Leakage Of Non-Competitive Fees

Posted on:2020-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:N XuFull Text:PDF
GTID:2416330575951658Subject:Architecture and civil engineering
Abstract/Summary:PDF Full Text Request
Non-competition fees are based on their special pricing attributes and the status quo of legal regulation.After the omission of reporting,it is easy to induce the bidders and bidders to push each other's responsibility for non-competition fees,and the bidders are not responsible for the incident.The conclusion will lead to strong negative externalities,and even make the Law of the People's Republic of China on Tenders and Bids and Contract Law of the People's Republic of China and other laws and regulations ineffective.In view of this,the article intends to proceed from the special nature of non-competition fees and omissions,and the responsibilities of the bidders who fail to report non-competition fees.Based on the lack of regulation of non-competitive fees and omissions,the method of determining the attribution is to make a preliminary conclusion by external evaluation of the benefit measure,and then to find the formal reason for the conclusion through legal analysis;based on the subjective dissatisfaction of the non-competition fee,the principle of imputation is the objective attribution theory of trust protection;based on the dynamic variability of non-competition fees and omissions,the attribution scheme is determined to establish the responsibility of non-competition fees and underreporting in different development situations.The proposal of the expected conclusion can provide reference and basis for the handling of the responsibility when the similar event occurs,and improve the construction of the legal liability system in the fifth chapter of the Tendering and Bidding Law.(1)Through literature research,legal interpretation,and on-the-spot investigations in cost consulting firms,the mandatory,regular,and non-competitive fees are defined;through case studies and interviews with experienced cost engineers to sort out the identification and causes of non-competition fees.(2)Based on the relevant theory of non-competition fees and omissions,combined with relevant laws,regulations,regulations and judicial practices,it is clear that the non-competition fees are characterized by subjective and arrogant,dynamic variability and regulatory deficiencies.(3)Analyze the influence of the speciality of non-competition fee on the three dimensions of the whole process cost control,the legal protection of relevant laws and regulations and the market transaction order,clarify,evaluate and sort out the possible liability subjects summarized by judicial practice.The negative externality of the three impact dimensions above.(4)Defining the nature of the legal behavior of bidders who fail to report noncompetition fees is an offer.It provides theoretical evidence for whether bidders bear the responsibility of underreporting from the perspectives of binding restraint,prohibiting abuse of rights and protection of trust.Under the different development situations in which the winning bid is not awarded after the non-competition fee is reported,the bid winning bid is not implemented,and the bid winning bid has been implemented,the specific scheme for the bidder to bear the responsibility is constructed,and finally the case empirical research is supplemented.
Keywords/Search Tags:Non-competitive fee, Market trading rules, Obligation to bind, Trust protection
PDF Full Text Request
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