关于在《招标投标法》中完善资格预审公告的建议

Proposals for Perfecting Notice Inviting to Pre-qualify in Tendering Law

招标投标活动在国外已有200多年历史,在我国推行虽然仅有20来年,但已经走上法制轨道。《中华人民共和国招标投标法》的制定颁布和实施,是我国经济生活的重要里程碑。本文就《招标投标法》颁布以来,实际操作中业主在发布资格预审公告时通过缩小受众范围和缩短公告期的手段,达到排斥潜在投标人目的的不正常现象,试图从行政监督、立法、法律救济等诸方面进行原因分析,并对完善《招标投标法》中相应条款提出具体的建议,以保证招标投标活动的顺利实施。

Although there are only 20 years since the implementation of tendering and bidding in China, its history is short in comparison with that in international society, which has more than 200 years' history, the regulation system concerning tendering and bidding has been established. The issue and enforcement of the 'People's Republic of China, Tendering and Bidding Law' is a milestone in China's socialist market economy. There have been some small flaws in the law. In terms of the notice inviting to pre-qualify that client should issue in accordance with the law, the author discovered some problems in implementation. The authors investigated and found out the causes from the aspects of supervision, legislation and law rescue and put forward proposals to perfect relevant terms in the law.