串通招投标行为法律规制分析-管理科学与工程专业论文.docx

Abstract Collusion bidding behavior is a part of the participants in tender and bid activities illegal collusion, it caused violations to the social public interests and other legitimate rights and interests . Collusion bidding behavior may occur at various stages in the tender and bid activities, it has very big harm. Escalating colluding bidding behavior and means the number of order, not only pollute the whole bidding industry and ultimately reflected in the resulting bidding engineering accidents frequently, caused the real threat to public safety. Through analysis of the nature of the collusion bidding behavior can be learned, colluding bidding behavior is a kind of infringement, violation is goodwill fair competition from any other rights and other legitimate rights and interests, the concrete and other legitimate rights and interests of the varies from one type of a project subject to tender, mainly displays in mandatory bid to infringe upon state, social public interests, on a voluntary and bidding mainly for infringing the personal lawful rights and interests. In view of this, it is necessary to force the tender and bidding colluding in the bidding behavior voluntarily discuss separately, the mandatory tender should be involved in the adjustment of law, of voluntary bidding should be based on the principle of autonomy of private law to adjust to rule out intervention of public law. Due to lack of awareness of the collusion bidding behavior, our country related laws and regulations on the collusion bidding behavior regulation to prevent quite lag, it is to maintain the normal market competition order, protect the lawful rights and interests of bona fide bidder caused the bad influence, Through the analysis of the lack of legal regulation in our country and draw lessons from foreign mature to prevent collusion bidding behavior of the legal regulation experience, this article from different angles to improve prevention in our country the legal regulating of t