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Bidding the rivers and lakes, there is no shortage of stories. Recently, the State Council Executive meeting discussed and approved in principle the bidding law implementing regulations (draft). The coming out of the new rules, called bidding a milestone in the development of the industry in our country. A long time, as a major source of corruption and corrupt practices, bid due to chaotic frequency and highlyMuch criticism. It is clear that to achieve relying on escort, the legal system, bidding is still a long way to go. 　　Main capital stocks (twelve-twenty sevenths) unit fled to cut meat must regret having sudden boom is not likely in a move investors Gospel: hold stocks saved! Coming out of "bidding policy intentions were positive. "Senior fellow at the investment consultantsXue Shengwen told Chinese reporters in an interview with the Sankei Shimbun said. Xue Shengwen said, on the one hand, bidding to enhance competitive enterprise intelligence, to protect the quality of projects, improve the efficiency of Fund utilization role; on the other hand, the bidding process provides a very clear, insider behavior will not occur; in addition, the bid will help the Government to actively positive adjustmentSection, on the State-owned assets and State secret protection act as a facilitating role. The so-called bidding, is under market economy conditions, makes a large construction project in the sale of goods, the contract awarding and contracting, and procurement of services and available, which take the form of a transaction.　　Tendering and bidding are two sides of the transaction process. Bidding originated from more than 200 years ago, the United KingdomGovernment procurement, is a product of highly developed commodity economy.　　In our country, the comprehensive development and application of bidding is after reform and opening up. In 1980, in the State Council on carrying out of the interim provisions on the protection of Socialist competition and pointed out that "to adapt production construction project contracting and management projects, approach of trying out bidding", has opened biddingA new chapter.　　On August 30, 1999, the ninth national people's Congress Standing Committee 11th meeting adoption of the People's Republic of China bidding Act (hereinafter referred to as the Act of bidding), and was introduced on January 1, 2000.　　At this point, the bidding system into the orbit of rule of law in China. But as the practice continued to deepen, tenderTender Act have been unable to meet the needs of development.　　Thus, further improving the bidding system, increasingly strong calls for enhanced operability.　　In March 2005, the then Director of the national development and Reform Commission Ma Kai, in commemoration of the bidding law of the Forum on the implementation of the five-year statements, proposed consolidation, extracts, and study and formulate the bidding law enforcement Ordinance. In 2006In February, the bidding law drafting the regulations for the implementation of the Forum was held.　　In March, of the bidding law regulations for the implementation of the Legislative Research Council convened for the first time, in August, the bidding law implementing regulations (preliminary draft) drafting work Forum was held. Due to the interests of the various government departments involved, formulation of the Ordinance not been all smooth sailing. 3 years later 2009Months, the State Council Legislative Affairs Office released the bidding law implementing regulations (draft for soliciting opinions), in the community for comments.　　On November 30, 2011, the State Council Executive meeting discussed and approved in principle the bidding law implementing regulations (draft), that became my bidding a milestone in the development of the industry. Spectrum bidding chaos after yearsThe development of bidding procedures become more complete, the process is also more refined.　　But there is no denying that industry has not been free from the shadow of unspoken rules. "Tender is not less. Sometimes public bidding have not yet started, but who are the successful bidder of the message has spread. And whose product is not necessarily good we will be able to be selected, remains to be seen which companies'; Public relations ' more power.　　"Has participated in Li Feng of the filter and dedusting accessories bidding on the China industrial and economic news reporter admits. Similar phenomena in the field of bidding is not uncommon. Only the last few months, Metro project from Kunming tender original transactions when recording "lost", "Cook contracting projects", major medical supplies in the tender of confusionEvents to expensive memory chips, is bidding for typical cases of the disorder. According to reports, the Yunnan Kunming Metro bidding ends, the successful tenderer not on-site bidding company, but after the end of the opening of violations to the boxes and materials "latecomer"; total value of $ 2.3 billion railway project of baishan city Apple Ibook 14.1 Lcd 16 Vram Laptop Battery, Jilin province, contracted is not the professional construction company, has turned out to be "don't understand bridge" kitchenChildren; ex-factory price of NT $ 0.6 of clindamycin phosphate injection, priced $ 11 in Beijing, sales prices exceeding 12 Yuan, while Shandong sales prices are higher than the cost price only a few minutes money; the Chinese Academy of Sciences Institute of space science and applications purchased the printer memory, price was as high as $ 6,247, while the original memory stick price of the same model had more than 600 million. Bidding involvesEngineering, transport, roads, railways, air transport, medicine, and many other fields, Slate, series, with the mark, traffic congestion, discharge phenomena such as the list goes on. It is understood that there are several standard technique to irregularities in bidding: to accompany, and some administrative departments of companies with a long-term "cooperation", the industry are aware of a project must be in the company "win", but according to stipulations bidding at least 3 participating, Some company on will participation bid to meet provides, afterwards then charged must of Commission; series marked, is means tender who Zhijian collusion tender, elevation or down price, and tender who for crowd out competition opponent and and tender who mutual collusion of behavior; squeeze marked, is in qualification pre in the, some human intends to set of high threshold exclusion has other potential tender people, left has people concerned; reliefThe subject, is bidding to find ways to get base price, frequently "PR". "These are just some common practices in bidding chaos, as the perfection of Chinese legal system and the crackdown increased, involving more and more subtle acts of corruption in bidding. Under open and transparent bidding on the surface it seems hide the undisguised collusion of interests. "Li Feng said.Interest feast "from a policy-oriented point of view, while bidding policy is of positive significance, but bid subject due to lack of direct supervision, led to bid a mere formality. From a policy of normative, bidding malpractice law has basically covered the possible actions, but because of regulators difficult to detail operations by standardizing have regulatory gaps more."Xue Shengwen said. Country is bidding on projects, originally in order to pass the proper and strict implementation of the relevant programs, excluding administrative allocation problems brought about by, eventually big projects and project contract to have the strength, credibility of a person or organization. But because of the high incidence of corruption, was pinned bid system did not fully play a role of preferred choice."Bidding of nonstandard, not only failed to reduce transaction costs and increased transaction costs. Of course, no profit is not getting up early, in bidding for all of these interests cannot be separated from the word.　　"Li Feng with respect. Incomplete statistics, national register of tendering agencies of nearly 6,000 in each of the tenders over 100,000, nearly 10 trillion size of various constructionBy way of bidding, including most of the construction of public facilities.　　Some big projects and projects involving at least tens of millions of dollars, several dozens of billions of dollars, in the nature of interest driven by daring to take illegal groups are also a few, final evolution of bidding participation of interest for a moth feast. Under the chaotic frequency, bidding areasHit by corruption.　　According to the Supreme People's Procuratorate and the Ministry on September 2009 Bulletin of the national project construction of typical cases in the field showed that 20 informed in cases of there are 12 government officials took bribes in the project tendering and procurement of unlawful behavior. If the huge profit margins has only provided incentives toSo power runs a large number of micro-economic intervention will provide an opportunity for these calculating person. "Competition in the bidding mechanism itself, can you take into account can have more of a finalist bids, and the actual interests damaged or not and no one will be too much to look at, some bidders are not given to the appropriate protection of the rights. "Beijing jingdu lawRegistered lawyers Yang Wang told the Sankei Shimbun said in a press interview. Zhongnan University Dean Qiao Xinsheng of the ICAC believes that currently there was serious in China's bid "small circle" phenomenon, this situation occurs because, in part because its main resources are still in government hands, disadvantages arising from the management is very strict; On the other hand it is because many areas of the Chinese market is still a closed market, competition has not been able to very well play a role.　　In the context of a relatively closed markets, be bankers by turns or slate would become very serious. Convergence is the key to the bidding law regulations for the implementation of the legislation (draft) issued, is also considered bidding for China's industryExhibition of yet another milestone.　　But introduced an administrative regulation alone can completely alter the current bidding chaos? "From a policy common to understand fundamental policy effectiveness, a difficult policy is that contain a chaos, rooted in a regulatory failed to meet the requirements of this policy, violations are not caused shock and awe, which fall into the vicious circle of poor policy. "Xue Shengwen said。 It is clear from the power to run a lot of meddling in the micro-economic, escort, mature market economies rely on legal systems, there is still a long way to go.　　A practical problem is that the bidding law conflicts with the public procurement Act for a long time, if the conflict is not resolved, the bidding laws Ordinance is less likely to have a big breakthrough. "Bidding dilemmaRoots in the legal system is inadequate and the Government Procurement Act and the uncoordinated bidding law between the persistence of problems, two laws the competent authority, the application object, proceedings, liability, and so were not consistent at all. These fundamental issues are resolved, enacted regulations for the implementation of stopgap.　　"Ocean King said. Both belong to public procurementLaw, the bidding law and the law on government procurement under the same legislative principle has different internal structure. To monitor, for example, the bidding law emphasizes decentralized procurement departments free purchase, so supervision is supervision by the departments themselves. The Government Procurement Act stressed the Government centralized procurement, supervision by a third party on the unification of public procurement authorityEmbodies internationally fundamental principles of public procurement of third-party monitoring.　　Insiders pointed out that, if the law on tender on the basis of the bidding law implementing regulations once explicitly departments regulate itself, is bound to and the Government procurement law has clear provisions of the financial Department of the centralized supervision departure, so it is difficult to reconcile. "In law, In order to resolve the fundamental way of bidding chaos is an interface between. On legislation of sector before there would be no consistency, inconsistent, the final implementation is inconsistent, and once when a conflict occurs you will need a real sense of legal interpretation. So the legislature enhance communication convergence is necessary between the two laws. "Wang said.In addition, Xue Shengwen said that although the bidding law implementing regulations (draft) of the code for full text on bidding behavior in more detail, but if the lack of substantive regulation, strict penalties, then corruption necessarily inevitable. Proposals shall be established by the Central Government to business as usual, highly transparent, multi-channel approach is the fundamental way to curb the chaos of bidding.