Over the past 20 years since the reform and opening-up, the construction market project contracting has gone from mandatory planning and assignment by the government construction administrative department, to the acquisition of business by the construction enterprises themselves in the market, and now it participates in bidding in the tangible construction market (government investment projects). In the process of transition from planned economy to market economy, due to the shortage of construction market and excessive market competition, various construction enterprises or their agents have adopted many unfair competition means to obtain contracts. Violations of laws and regulations in the construction market have occurred from time to time, which has aroused widespread concern from all walks of life and become a hot issue in anti-corruption work, casting a shadow over the healthy development of the entire construction industry.
Since 200 1, the state has taken the construction market as the focus of standardizing and rectifying the market economic order. All localities have invested a lot of manpower and material resources, carried out massive rectification activities and investigated some typical cases, but they have not fundamentally reversed the chaotic market order. The renovation of the construction market has been going on almost every year since 1986, but the construction market is still a high-incidence area of violation of laws and regulations, only happening among different types of people at different stages. The problems existing in the construction market are quite deep, which cannot be solved by expedient measures and "sports warfare" We must find the reasons from the current social background and the system design of the construction market operation, and prescribe the right medicine to achieve the purpose of standardizing the market.
At present, the focus of bidding activities in the construction market is government-invested projects (this paper mainly analyzes these projects), especially the "black-box operation" and "illegal operation" of these projects in the bidding stage, which deprives potential bidders of the opportunity of fair competition and provides fertile ground for some corrupt elements to rent. At present, the "illegal operation" in project bidding has spread to all aspects of bidding activities, and it is difficult to identify individual acts as illegal. After many rectifications, the construction market has achieved certain results. However, the illegal activities in the whole bidding process, from openness to concealment, from personal "final decision" to improper "series operation", have all formed legal procedures, which are essentially permeated with corruption. If this situation is not rectified, it will be more harmful, which will make the construction market in an unhealthy competitive state, endanger the healthy development of the industry and poison the party style and social atmosphere. In view of the problems existing in the bidding activities in the construction market, the reasons will be analyzed from the aspects of law, system, social environment, characteristics of building products and the operation mechanism of bidding activities.
1. The existing legal system has room for flexibility.
At present, the laws and regulations on which the bidding for construction projects is based are mainly the Bidding Law, the Construction Law, relevant ministerial orders and local regulations (hereinafter referred to as "bidding laws and regulations"). Some clauses in the Bidding Law leave flexibility for the owner or agency, such as Article 12, which gives the project owner (self-bidding or entrusted agency) the power to handle bidding matters; Paragraph 2 of Article 18 and Article 20 stipulate that there shall be no discriminatory clauses against bidders; Article 40 The bid evaluation committee shall evaluate and compare the bidding documents. To master these terms, in a sense, the moral constraint on the parties is higher than the legal constraint. At present, the bidding competition is very fierce, and the score gap of competitors (comprehensive evaluation method) is very weak. The tiny flexible space provided by law directly affects the bid evaluation results. As a law guiding China's bidding activities, bidding law should give all parties room to pursue efficiency. However, as a government investment project, there should be stricter regulations to ensure the fairness of bidding and minimize the flexible space.