On The Improvement Of The Legal System Of Engineering Bidding Supervision In China

Since the 1980s,China's engineering construction bidding system has undergone a process of gradual improvement.On January 1,2000,China officially implemented the"Tendering and Bidding Law of the People's Republic of China",which is also an important symbol of the formal entry of China's engineering construction projects into the rule of law.On February 1,2012,the "Regulations on the Implementation of the Bidding Law of the People's Republic of China" was promulgated,but some new problems still appeared in the application and practice of relevant laws.Since the implementation of the "Tendering and Bidding Law of the People's Republic of China",although the regulatory measures have been continuously strengthened,cases in the field of project bidding are still prone to occur.The improvement of the legal system for project bidding supervision is a complex system engineering.The reform and improvement of various systems are not isolated.Different levels and different orientations must respond to each other,complement and integrate.This paper studies and discusses the existing problems,extraterritorial experience and improvement schemes in the legal system of project bidding supervision in China from the following four aspects:The first part briefly summarizes the concept,classification,functions and characteristics analysis of the project bidding and supervision,China The legal basis of project bidding supervision is used as the basis for research.The second part analyzes the existing problems of project bidding supervision in China,and proposes the institutional factors of project bidding supervision in China:the division of responsibility of supervision subject is not clear,lack The implementation rules of process supervision,the design flaws of legal liability system,the conflict between legal norms,the lack of effective social supervision,etc.;the third part is based on the extraterritorial experience of the bidding supervision system of the United Kingdom,the United States,Japan and other countries,combined with different countries.The characteristics of the bidding supervision system,the author proposes that the extraterritorial project bidding supervision system is of reference to China:perfecting the relevant legal system is the premise of the supervision of the rule of law,the whole process supervision mechanism is the core to strengthen the supervision,and the specialized regulatory agency is to achieve supervision.Effective The fourth part is aimed at the existing problems in China,combined with the experience of extraterritorial experience,proposes to improve the legal system of project bidding supervision in China:First,improve and coordinate the legal system related to project bidding supervision,including:clean up and coordinate existing laws and regulations Improve the social supervision system and the supervisory responsibility system,increase the punishment and improve the supporting system and implementation rules;second,strengthen the supervision of the project bidding process,including strengthening the control and subject supervision of the whole process of bidding;Third,establish an independent regulatory agency to uniformly supervise and manage bidding,including improving the professionalism of the regulatory agencies,the authority of law enforcement,and the uniform coordination of work.