Study On The Legal Regulation Relating To Bid-rigging In Government Procurement

In our country, along with the deepening of the development of government procurement, the continuous expansion of the scale of government procurement through open tender bidding, etc. at the same time meet the needs of the procurement of goods, works or services, Government procurement has also attracted an increasing number of suppliers involved. Government procurement in the implementation process there have been many problems, the use of illegal means to win the bid and the behavior of collusion in the bidding process in government procurement activities frequently, the most typical example is the party of government procurement bid rigging. Unlike ordinary bidding activity of bid rigging, bid rigging in government procurement activities against not only the purchase and law-abiding interests of suppliers, government budget countries have been deceived, and ultimately harm the interests of taxpayers. Therefore, effective regulation of China’s government procurement bid rigging, not just standardize government procurement activities is to maintain a manifestation of the national interest, related to the vital interests of every citizen. The healthy development of government procurement activities need to purchase the parties involved in legal and orderly manner. For government procurement bid rigging, our law will be defined? The type of regulation principles? Through the supervision of law enforcement and legal obligation to suppress and norms? The experience of foreign countries for our country learn? China’s existing laws and regulations to build the basic regulatory framework for government procurement laws and regulations, but still not perfect, can not be effective regulation of government procurement bid rigging, which has become a bottleneck restricting China’s government procurement function effectively.Thus, we choose to bid rigging in government procurement as the research object,"the general theory of government procurement bid-rigging-the nature of the acts identified-the principle of the regulation-supervision and law enforcement agencies-liability for logical thinking, comparing domestic and international legislation and practice, valuable suggestions for the improvement of China’s legal system. The specific arrangements of the article is structured as follows:The first part is an introduction, describes the purpose and significance of this study of the problem and the background, literature review, research methods and thesis structure arrangements. The second part is an overview of the general theory of government procurement bid rigging, defined in the part of the government procurement bid rigging, basic types, causes and hazards are described. The third part of the combination of legislation and practical experience in the United States, Japan and South Korea and summarizes the Enlightenment to China. The fourth part of the existing regulatory government procurement regulatory status quo collusive bidding behavior analysis, combing the country regulation collusive bidding behavior of the provisions in the relevant laws, focus on analysis of its defined nature of the act, the principle of the regulation and supervision of law enforcement, legal liability, etc. the problems. The fifth part is effectively regulating government procurement bid rigging recommendations to make sound recommendations.