Analysis Of The Legal Consequences Of Not Signing The Contract After Winning The Bid

In the booming construction industry in 90 s,the bidding system came into being late,and the legislation was relatively rough,and the supervision did not form a joint effort,and there were many problems in the implementation of the system.In twenty-first Century 2001,especially after the accession to the WTO,the development and construction of the construction market now constitute a big boost for China's economic development,how to correctly apply the laws and regulations,administrative and other means to form and become a key problem in the urgent maintenance of a new order that is fair and stable and healthy development of the market.In the process of development,some problems in the field of bidding have been plaguing the industry,that is,the construction contract in the construction of the winning notice,the legal effect of what geometry? How to deal with the legal liabilities after the breach? I want to go through,by unraveling the academic circle and the judicial practice of the specific disputes and opinions,to clarify the rationality and shortcoming of view.The author as an industry experience,academic point of view,combined with a typical case in the judicial practice,from the angle of legislation,judicial practice and practice point of view,analyses the problem,in order to find the lesions,"an antidote against the disease" symptoms "and the problems are solved.Starting from the identification of the legal nature of the bid notice,legal formand legal effect on the bid winning notice,issued to the notice,the contract is established to analyze effect four situations: one is to guide the contract has not been established yet effective;two is the establishment of the contract but not effective;three is to make an appointment contract is established and effective;four is the contract has been established and effective.The legal consequences of not signing the contract after winning the bid are analyzed,and the responsibilities are also different: first,breach of the pre contract obligations,and bear the liability for culpa in breach of contract.Second,breach of the contractual obligations of an appointment,assume the responsibility of breach of contract.Third,in violation of the obligations of construction contracts,assume the responsibility for breach of contract for construction projects.For the above views,in the judicial process,according to the different courts of different effective judgment,there are also support of the verdict.With the theoretical depth,our country has also introduced the new view of pre contract ",and applies it to the bidding process,which is in receipt of the bid notice,sign a written contract before the construction,the relationship between the tenderee and bidder can from the perspective of precontract in thought.We hope that we can make a deep analysis of our traditional offer and commitment system,so as to draw a reasonable conclusion.After the comparison,the author believes that the contract is established and effective when the bid is issued,and if the contract is not signed,it shall be liable for breach of contract.No matter from the "People's Republic of China Bidding Law" and the "People's Republic of China contract law" with "the bidding documents: an invitation to tender documents,bid,the bid winning notice commitment" as the legislative principles of honesty and trustworthiness,always for the party to strengthen protection,to "let honest people suffer" become the norm.The author suggests that the legal responsibility stipulated in the forty-fifth provisions of the bidding law of the People's Republic of China should be clearly defined as the responsibility for breach of contract,which will help settle disputes and unify the theory of practice and maintain the dignity of law.