Double-Order Theory: A Practical Review of China's Engineering Bidding System
DOI:
https://doi.org/10.71222/q2xexh58Keywords:
bidding system, administrative agreement, two-order theoryAbstract
As a special form of competition on the basis of merit, the project bidding system is extremely important in the trend of integration of public and private law, as it combines private business and public welfare protection. It seems to be a specific system to unify "administrative agreement" and "government bidding", but the two concepts are actually different in scope, legal nature and specific construction. At this stage, China's engineering bidding system in the mechanism of operation, the nature of the positioning, remedies and other aspects of the nature of the attribute disputes, the mode of positioning is unclear, confusion in the legislation of the defects of the controversial. It is necessary to take the administrative dual-order theory in the context of public-private intersection as the research field, to distinguish between civil agreement and administrative behavior, and to divide the matter into two stages.
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