Analysis And Research On Tendering And Bidding Of Projects Invested By Chinese Government

The tendering and bidding system is a result of market economy with a history of more than 200 years. With the rapid development of economic globalization and further opening to the outside world of our country, international system of tendering and bidding on project has become an important system implement in our construction market. At present, the tendering and bidding system of our country has basically accorded with international convention. In the field of projects invested by our government, we have regulated the conduct of tendering and bidding, promoted the efficiency of financial capital, assured the quality of projects, keep the government functionaries honest, defended the interests of respective main bodies in market. However, there is still a distance, not only in the aspect of construction of law system, the establishment and implement of attached policy and system, the establishment of supervision system, but also the consciousness of participation legally for main bodies of market, the actual achievement of tendering and bidding, between our tendering and bidding system with the one of international first class because there are only 30 years since establishment of tendering and bidding system in China.The thesis focuses on the implement of tendering and biding system of projects invested by our government. By the way of combining theory research with practical survey, it firstly introduces the important significance and achievement of tendering and biding system of project invested by our government in the aspects of prevention of corruption, reducing of general cost of social production, promoting development of market economy, ensuring rational distribution of social resources. Secondly, the thesis describes the origin and evolution of tendering and biding system abroad and the induction, evolution and current procedure of tendering and bidding system of our country. In consideration of multi-subjects of tendering and biding system, capability of author and the limitation of article content, this thesis only studies and analyzes a typical problem, cheating for winning the bidding, in the procedure of tendering and biding of project invested by our government. So there is no research of collusion for winning the bidding and illegal tendering. When analyzing the problem of cheating for winning the bidding, we concluded some habitual tact of, which is order to cheat for winning the bidding, making use of aptitude certificate, project result, data of professional and administrative personnel, datum of endowment insurance. It concludes five reasons of the problem, which are drive for great economic interest, imperfection of law and rule system, the lack of supervision, imperfection of construction market and the indifference of law consciousness. The thesis describes experience and method from England, USA, other countries with mature market economy, the United Nations and the European Union in the aspects of identifying the main body of tendering, establishing and improving law system of tendering and biding, implementing the effective supervision. And it puts forward the main problems and countermeasures proposal for stopping cheating for winning the bidding in the course of tendering and biding of projects invested by our government. Those proposals are to coordinate current law, rule, policy and regular document, to accelerate the establishment of rule of law such as Implementing Regulations for the Law of Tendering and Bidding, to build good faith system in the field of engineering and construction, to establish and implement the system of electronic tendering and bidding, to strengthen the supervision, to regular the conduct of tenderer, bidding agency, bidder and government, to strengthen the instruction of law and rule for main bodies of market, to enrich the content and change the way of training, to investigate and treat various illegal cases, to increase monetary penalty, to enlarge the range of penalty, which are expected to benefit for enhancing the development and reform of tendering and bidding system in our country.