Study On Legal Mechanism Of Bidding Complaints

The so-called no remedy is no right,the legal mechanism for the establishment of the bidding and bidding complaints is mainly aimed at safeguarding the legitimate rights of bidders and other interested parties,to ensure the bidding activities conducted in accordance with the law.In recent years,the number of bidding and bidding soared,while handling complaints in bidding also revealed many problems in practice.For example,the complainant lodged a complaint with the disciplinary inspection department.Complaints were confused with petitions and reports.The complainant failed to perform the necessary burden of proof and caused difficulties in the handling of the tendering and bidding complaints.The repeated complaints affected the efficiency of bidding and tendering.The complaint handling agencies were not clear.The handling of complaints and Lack of supervision and so on.All these problems inpractice directly point to the abuse of the right to complain about tendering and tendering,and the legal mechanisms for tendering complaints are deficient.This article will study four cases of S bidding and bidding complaints from S unit,explain the existing problems in the bidding and bidding,and conduct an in-depth analysis of the causes of the problems.The author believes that the reasons for the abuse of the right to bid for the bidding are not only the factors of the bidding mechanism itself,but also other factors.There are legislative defects in the bidding and tendering complaints system.Laws and regulations,the bidding system of complaints in the "bidding law" and there is only one article,although the implementation of.the"Tendering and Tendering Law" "Government Procurement Law," the chapter was refined,but no detailed procedures for the handling of complaints Therefore,complaints and petitions appear,the definition of the report is not clear,as long as the complaint is accepted and other issues.Complaint illegal low-cost,greatly affected the efficiency of bidding.In the provisions on the handling of complaints,there is no corresponding regulatory requirement on the discretion of the complaint handling organs,resulting in excessive administrative intervention and illegal handling of complaints.In terms of system design,the concept of focusing on prevention has not been fundamentally established.In the process of compiling the bidding documents,the supervision over the tenderee has not been strengthened.In the process of bidding and tendering,the channels for the participants in bid inviting and bidding activities to fully communicate and resolve disputes and disputes have not been established.Tender complaints increased.Although a whole set of relief system with questions,complaints and lawsuits as the main content seems to be large and complete,it is actually not rigorous.It does not fully consider the relationship between the complaint and bidding system and the system of questioning,Will be abused early warning mechanism,did not fully consider the complexity of bidding and handling of complaints and other important issues.Second,factors other than the bidding and tendering complaints system make bidding and tendering complaints system not really play a role.For example,the inertia position in which the bidder is in a disadvantaged position makes the complaint a "weak power" in practice,and the complaint system becomes the "institutional barrier" for the complainant to realize the illegal interests.The negative factor of the complaint makes the basis of the complaint handling based on On the complainant's "presumption of guilt";the inadequate ability to govern according to law,leading to the handling of complaints is difficult to handle in accordance with the law;rent-seeking always allow bidders to complain parties to achieve "win-win" situation;The imperfect legal system of bidding and bidding objectively creates the opportunity for law-abiding parties to bid and bidding.Based on the analysis of abuse of bidding and tendering rights and drawing lessons from the government purchasing laws formulated by international organizations and the regulations of the United States and Germany on the system of government procurement complaints,this paper proposes to solve the problems in the bidding and tendering complaints through perfecting relevant laws and regulations according to practical experience Including:First,regulate the exercise of the right to complain,clear the main qualifications of the complainant,the bidding and complaint complaints and other complaints to distinguish behavior;improve the complaint request review,do not meet the requirements of the complaint request or make a complaint invalid Identify;Clear complaints deadline,to ensure the efficiency of bidding.The second is to standardize the complaint handling mechanism,formulate a unified approach to handling complaints and complaints,refine the complaint handling procedures,strengthen the supervision of the complaint handling process and results,and improve the provisions on the three-tier system of bidding and tendering relief.The third is to improve supervision over the whole process of bidding and tendering activities,including strengthening the supervision over all aspects of the bidding and tendering activities and all involved parties,breaking the regulatory mode of "having complaints before being supervised and not having no complaints",and earnestly protecting the bidding activities Party legitimate rights and interests.