工程建设联合体投标法律制度分析-analysis of bidding legal system of engineering construction consortium.docx

AbstractBidding of Project Contracting Joint Venture refers to in the field of project construction, two or more legal persons or other organizations, in accordance with the renderer’s requirements, organize as a consortium based on contact and joint submit a bid as a single bidder. Compared with the separate bidding, Joint Venture bidding has different characteristics in establishing conditions, organization structure, qualification examination and legal responsibility. At the same time, Joint Venture bidding can reduce the business risk, improve the competitiveness, and provide excellent supplier for the purchaser, to ensure the successful performance of the contract and the quality of the project. Therefore, in recent years, more and more Chinese enterprises attempt joint bidding in project tendering. However, there has a defect in joint venture bidding regulations. With joint bidding widely used in the projects tendering, more and more legal issues, mainly manifested in the qualification examination, internal management and supervision, arise in project tendering and bidding. From the perspective of economic law, the author analyses the illegal behaviors such as excluding or restricting competition, fraud, rent-seeking in the joint bidding, and attempts to perfect the institution of Project Contracting Joint Venture bidding. Firstly, this paper analyses the legal conception and characteristics of joint venture bidding basing on the existing academic research. Secondly, the author points out the inadequacy of joint venture bidding legal system, combining with the Tendering and Bidding Law and practical problems of joint venture bidding activities. Finally, on the basis of foreign practical experience and regulations concerning joint venture bidding, this paper offers a proposal to perfect joint venture bidding regulations in the field of project construction.Key words: Construction; Joint Venture Bidding; Joint Venture目录引言 ·······································