招标投标侵权行为认定及惩处探讨

Study for the Definition and Punishment of Infringement Act on Inviting and Submitting Tenders

招标、投标是国内外普遍适用的竞争方式和交易方式 ,招投标活动应当遵循公开、公平、公正和诚实信用的原则。凡招标人应依法进行招标的项目而不招标或借故规避招标的、招标人以不合理条件限制或排斥潜在投标人的等等 ,均应认定为招标投标侵权行为。招标投标人的合法权益受到损害的 ,当事人不仅可以依法索赔 。

Inviting and submitting tenders are the competitive way and the trade pattern which are commonly applied both in China and in foreign countries.The activities of inviting and entering bids should abide by the principles of openness,fairness,justice,honesty and trustworthiness.The actions which should be defined the infringement act on inviting and submitting tenders are as follows;the persons who should make the project's bids to be invited according to law but they don't do that or they find some excuses to evade tender offer;the persons who are in charge of inviting tenders impose restrictions on or exclude the potential bidders by some unreasonable conditions;etc.When the lawful rights and interests of the inviters or the bidders are damaged,the parties can not only claim indemnity according to law but also find out the infringer's other liabilities in law according to the concrete details of tort.