Research On The Legal Regulation Of Construction Project Collusion Bidding

The public bidding and tendering system has been officially implemented in the field of construction engineering since November 1984 in China,and it has played an important role in promoting fair competition and preventing monopoly.However,while regulating the market operation and safeguarding the interests of all parties,the system also comes with many problems.Amongst,the most typical one is the behavior of bid-rigging in each professional field and each construction process of construction projects.This kind of behaviors seriously violate the original intention of the design of the public bidding and tendering system,also infringe upon the legitimate rights and interests of all stakeholders,interfere with the operational order in the field of construction projects,and impede the normal functioning of the objective laws of the market economy.In some countries and regions including the United States,Japan and the European Union,there have already been in-depth studies on the legal regulation of the behaviors of bid-rigging,and remarkable results have been achieved.Generally,bid-rigging is regarded as a behavior of restricting competition and incorporated into the regulation of anti-monopoly law.But the actual situation of each country is different,and the content and emphasis of legal regulation also differ.Most of the existing researches in China mainly focus on the program design of public bidding and tendering system itself and the degree of judicial punishment,but there has been no systematic study on the formation of the legal system.Based on the research analysis at home and abroad,this paper concludes three common types of bid-rigging behaviors existing in the public bidding and tendering practice of the construction projects,analyzes their properties from illegal acts constitute angle,and puts forward how the bid-rigging behaviors of construction projects do harm,including infringing on the rights and interests of stakeholders,disturbing the order of competition,giving rise to corruption,and hindering technological progress,etc.;Then,on the basis of the description of the evolution and current situation of laws related to China's bidding and tendering,the paper briefly sorts out and evaluates the current legal documents.The legal documents related to bidding and tendering in China have basically formed a relatively complete normative system,but there are some problems,such as weak content coverage,unclear regulatory subject,unreasonable punishment and poor coordination of regulatory system.In terms of theoretical analysis,this paper discusses the conflict between bid-rigging behaviors and legal value from the perspectives of jurisprudence,substantial justice of economic law,social standard and legal interests of anti-monopoly law.For the bid-rigging behaviors,the appearance of procedural justice covers up the content of substantial justice;the individual standard is highlighted while the social standard is ignored;and it also does harms to the social public welfare and the national public interest.At the same time,this paper also provides the theoretical premise for the next step to put forward the suggestions and measures of legal regulation.Based on the above generalizations and jurisprudential analysis,this paper puts forward the core position: on the one hand,according to the sequence of the bidding work,this paper comes to the procedural regulation suggestion to the construction project bid-rigging behaviors,including strengthening the pre-bidding control,optimizing the bidding registration and prequalification system,strengthening regulation,perfecting the bidding procedure and strengthening the management after acceptance of bid with responsibility in place;on the other hand,from three aspects of legislation,law enforcement,justice and social supervision,this paper puts forward suggestions on the substantial regulation of bid-rigging in construction projects,including establishing and improving the legal regulation system of bid-rigging in construction projects,establishing supporting law enforcement agencies,constructing a reasonable punishment system,and strengthening self-discipline and supervision of industry associations,and social supervision.