Study On The Regulatory Omission And Legal Counter Measures Of Government Investment Project Bidding

Since the promulgation of the tendering and bidding law in 1999,the tendering and bidding system has been transformed from the policy level to the legal level,andthe tendering and bidding legal system has been formally established.20 years ago,thebidding related administrative regulations,department regulations,local regulations and local government regulations,it should be said with the bidding law as the core of the legal system has been preliminarily established,but also for all levels of government administrative supervision department provides the legal basis of the regulation,but we found under the existing legal system,it is not difficultly to circumvent bidding,string enclosed logo,falsification,exclude any potential bidder violation behavior in around,each time period such as frequent,visible,bidding supervision results did not reach the ideal of the expected effect.From the perspective of administrative supervision,this paper analyzes the current situation and existing problems of bidding supervision,and further puts forward effective countermeasures and questions to solve the difficulties in legislation,law enforcement and judicature,maintain the fair,open and fair market order of bidding market,and promote the healthy development of economy and society.In addition to the preface and conclusion,This paper consists of three chapters,and the relevant contents are as follows:The introduction first makes clear the research purpose of this paper.This paper first describes some bad phenomena in the field of supervision and bidding of government-invested projects,and then analyzes the main causes of these phenomena based on the research of domestic and foreign scholars.The first chapter systematically expounds the concept and content of bidding for government-invested projects.Firstly,the paper introduces the process and characteristics of bidding for government-invested projects,which are divided into the preparation stage of bidding,bidding,bid opening,bid evaluation and bid selection.Secondly,it describes the content and characteristics of bidding supervision,and finally introduces the legal basis and current situation of bidding supervision.The second chapter is mainly aimed at the current situation of supervision,according to the legislation,law enforcement,judicial three dimensions to find out the existing problems and analyze.Firstly,in the legislation,it is mainly about the defects of the accountability system and the lack of legal basis in practice.Secondly,in law enforcement,the value orientation of supervision is ambiguous,law enforcement means are single,and information technology is backward.Finally,at the judicial level,the validity determination of the bid-winning letter and the handling of invalid contract are controversial in judicial.The main content of the third chapter is to find countermeasures based on the problems raised in the above chapters.First,the problems are mainly solved by expanding the adjustment scope of the bidding legal system,improving the accountability system,and paying attention to the connection between the enactment of laws and the construction.Second,the problems in law enforcement are mainly solved from the practical perspective by means of enriching and strengthening supervision means,updating information technology,and improving the mechanism of linking the two laws.Thirdly,from the perspective of explanatory theory,it clarifies the judicial concept and legal basis embodied by judicial organs in the bidding and tendering related rules,and mainly deals with the judicial dilemma in the bidding and tendering supervision by strengthening the connection between administration and justice and unifying the identification rules in the law.Conclusion,for this article reviewed and summarized,the main point of the mentioned bidding supervision measures to change and produce the positive role,and then focuses on a series of reform,the body gradually formed regulation together,in a year or two time can change the thinking mode of the vast majority of the market players,which reversed transmission participation main body in accordance with the rules to the bidding activities according to law,adopt the legal compliance relief way,to form a dynamic balance fair market environment.