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Rearch On The Regulation Of Construction Tendering And Bidding In China

Posted on:2019-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:W F WeiFull Text:PDF
GTID:2429330548472762Subject:Law
Abstract/Summary:PDF Full Text Request
After the reform and opening up,our country began to change from the planned economy to the market economy.The original project construction contract has been unable to meet the demand.It is necessary to provide a project transaction mode which is in line with the socialist market economy for the construction project.In 1980s,China began to try to establish a legal system for construction project tendering and bidding.The first law and regulations on Tendering and bidding were<the provisional regulations of the state council on the development and protection of socialist competition issued>by the State Council in 1980.So far,the system of tendering and bidding for construction projects in China has established the legal system of tender and tender at the core of<the people's republic of china bidding law>and<the people's republic of china government procurement law>.In order to promote the development of China's social market economy and improve the level of Construction Engineering in China,it has played a huge role.But in daily use,it also exposes many problems in the bidding system of construction projects in China.For example,the legal system is unscientific;the mode of tendering and bidding is single,which,to some extent,affects the public,fair and impartial of the construction project tendering and bidding in our country,violates the legitimate rights and interests of the parties to bid and tender,and causes the waste of construction engineering resources.For this reason,this article takes "our country construction project tendering and bidding system research" as the topic,then discusses our country construction project tendering and bidding system.The article is divided into four parts:The first part discusses the development of bidding system for construction projects in China.In this paper,the development process of bidding system for construction projects in China is divided into three periods:initial establishment,standardized development and continuous improvement.At the stage of "initial establishment",China began to try to invite tenders and tenders,and initially formulated some laws and regulations relating to tendering and bidding.The system of tendering and bidding for construction projects has a prototype,and the provinces have successively promulgated their own trading regulations and set up their own trading management centers,which were the main means of transaction at that time.In the stage of "standard development",The characteristics of this stage are basically the establishment of the tendering and bidding system for construction projects,the legal system of bidding for construction projects with<the construction law of the People's Republic of China>as the core has been formed.The Ministry of construction has become the highest management organization.All provinces have established their own trading management centers,which have formed a stable management structure.The mode of public bidding and inviting bidding has been confirmed in the bidding mode.In the "continuous improvement" stage,marked by the promulgation of<the people's republic of china tendering and bidding law>,the structure of the legal system of construction project bidding and tender is basically perfect,the scope of the tender coverage is expanding,the punishment of the illegal acts is strengthened,the power and responsibility of the parties to tender and tender are clarified,and the technical strength of the bidding and bidding of the construction project is strengthened.The second part introduces the function and structure of the tendering and bidding system of construction projects in China.Through the decomposition of the tendering and bidding system of the construction project,the function and basic structure of the construction project are summed up in detail,and the significance of the tendering and bidding system of the construction project in China is to be understood."Protecting the interests of the state and social and public interests;protecting the legitimate rights and interests of the parties to the tendering and bidding of construction projects,improving the economic benefits of construction projects,and guaranteeing the quality of the construction project." This is the four function of the tendering and bidding system of China's construction projects,and is the foundation for serving the socialist market economy.The construction of the construction project bidding system in China is the basis for the realization of these functions.Through the provisions of laws and regulations,the structure of the construction project bidding system in China is introduced in detail,and the operation process of the tendering and bidding system of the construction project in China is understood.The third part focuses on the problems and causes of bidding system in China's construction projects.China's construction project tendering and bidding system has a complete legal system.It is made up of laws,administrative regulations,local regulations,autonomous regulations,single line regulations,departmental rules and local government regulations,judicial interpretation of the Supreme Court and international treaties,interrelated,complementary and integrated framework structure,the system of construction project tendering and bidding in China still has some problems,such as unscientific establishment of legal system,single bidding mode,imperfect complaint and treatment mechanism,etc.,which affect the normal operation of bidding,bidding,bidding,bid evaluation and so on.The fourth part is to improve the basic principles and specific ideas of bidding system for construction projects.This article is based on the principles of openness,fairness,fairness,honesty and credibility,through comparison and analysis,the difference between bidding system and operation mechanism of domestic and foreign construction projects is understood,and combined with China's actual conditions,from the scientific construction project bidding legal system,rich construction project bidding method,perfect construction project bidding process of the complaint and treatment mechanism,reasonable design of construction project bidding process of responsibility investigation mechanism,put forward a series of methods to improve the construction project bidding system in China,through in-depth analysis and research,we will continuously enrich the theoretical system of the bidding system for construction projects in China.At the same time,through the rationalization proposal,the system of construction project bidding and bidding in China is perfected,the construction project bidding process is standardized,and the legitimate rights and interests of the parties involved in the construction project are protected,contribute to the development of the socialist market economy.
Keywords/Search Tags:Construction project, Bidding and tendering system, Tendering and biding law
PDF Full Text Request
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