Audit Commission recently published
four consecutive audit reports show that projects in the eastern section of West-East Gas Pipeline Project, 10 provinces and municipalities in part of the airport construction project, the Beijing-Shanghai high-speed railway construction project and 10 provinces (municipalities) to expand domestic demand and investment projects, there are varying degrees of irregularities in project bidding, according to rough statistics, project bidding irregularities project funds have been involved in over ten billion yuan.
3 23, the Audit Commission issued the Reports that the Nanjing Yangtze River Bridge Engineering Dashengguan civil engineering and supervision of a standard, Nanjing South Station and the supervision of a civil emergency engineering projects such as the existence of advanced standard after the construction market tendering and bidding irregularities, involving 4.446 billion yuan contract amount.
Not only that, in Qufu, eastern Shanghai, Changzhou North station house projects such as bidding and China Railway Construction Engineering Group Co., Ltd., China Railway Construction Group Co., Ltd. two companies signed a contract station building decoration engineering 6 copies of the exclusion of potential bidders, involving an amount of 490 million yuan.
Then, the Audit Commission and published in the March 25 Reported that, after Jilin, Hunan, Hainan, Sichuan, Guizhou, Shaanxi, Nanjing, Dalian, Ningbo, Qingdao, 10 provinces (municipalities),
coach outlet, construction and management of investment projects to expand domestic demand and audit the use of funds survey, a total of 35 projects The units in violation of the basic construction procedures, 31 of which is responsible for the construction of the central unit of investment projects, a local unit of government investment projects violate bidding requirements; four central investment project implementation unit, a unit of local government implementation of investment projects there is illegal subcontract or illegal sub-problems.
before February 1 and February 24, the Audit Commission were also published the eastern section of West-East Gas Pipeline Project, part of the domestic 10 provinces and municipalities in building the airport's audit findings, the report said , the eastern section of West-East Gas Pipeline Project has 4.501 billion yuan for construction bidding irregularities, including the amount of 518 million contract the 23 projects without a direct contract bidding irregularities, the contract amount 3.983 billion yuan in 73 projects demolition man sub-sections, irregularities such as establishment and adjustment of the successful bidder; and domestic airport projects in 23 of 359 contracts (representing the total number of 1817 random contracts 19.7%), there is no public bidding and other violations of the bidding procedure, involving an amount of 1.938 billion dollars.
rough calculation by the reporter to remove the The report shows that these violations of the bidding project involves funding of over million dollars.
experts believe that the reason why the field of construction bidding irregularities always appears mainly attributable to human factors. In our current management system in the bidding, the bidding activity by a number of departments are responsible for administrative supervision. This multi-sectoral management structure, resulting in a long difficult to avoid the shortcomings of management, construction project bidding to make their own way, the separation of departments a prominent problem in the formation of monopolies, and thus rent-seeking in the objective to provide an opportunity for power.
In addition,
louis vuitton bags, some construction now, the traffic department head at the same time serve as chairman of construction company, and some wore This set of
Thus, the Chinese Academy of Social Economic Research Institute researcher plays Jin paper proposes to address the shortcomings of this system is the fundamental way to market to the private sector capital. The Director of the Bank Law Firm, China Association Chiu Tsang bidding sea that punishment for violations is not strong enough lead to the proliferation of project bidding irregularities another important reason.
sea Chiu said that the illegal bid-rigging and low cost so that the illegal acts of unscrupulous elements. For example, the String of actions even if the standard was identified, as long as the circumstances are not particularly serious, in general, punishment is not severe.
reporters that four audit reports also found irregularities in the bidding for the relevant units and personnel of the penalties is not large, for example, the Beijing-Shanghai high-speed rail project in the present series standard behavior Beijing Shanghai, the company did not give a specific penalties, but the bidding requirements in future work strictly according to law compliance; there is no open tender for the bidding procedures and other violations of the 23 domestic airports projects, the audit report referred only to For verification of the results of the local government will be investigated according to law the responsibility of the employees responsible for, and consequent loss of business opportunities is not fair and there was no claim successful enterprises; and bidding in violation of the provisions of the existence of illegal sub-contracting problems or irregularities 10 provinces (municipalities) to expand domestic demand and investment projects, relevant local government departments in charge of the project only to the punishment and instructed the owners of unit owners of units in the project to strengthen project management and other corrective measures. (Xinhua Fu Yong)
Beijing-Shanghai high-speed rail why blatant rigging
Audit Commission recently released audit results announcements, the Beijing-Shanghai High Speed Railway Construction in bidding irregularities, financial and Financial management is not strict implementation of the system is not in place and so on, which involves bidding irregularities up to 4.936 billion yuan of funds.
accept the severe punishment, are all inadequate project bidding in recent years led to frequent cases of corruption of the important reasons, therefore, should improve the existing system of multi-pronged approach.
Beijing-Shanghai high-speed rail project bidding irregularities
the results of the audit notice, the Nanjing Yangtze River Bridge Engineering Dashengguan civil engineering and supervision of a standard, the Beijing-Shanghai high-speed rail consulting business, Nanjing South Station civil engineering and supervision of an emergency project time was the subject of the tender in July 2006,
louis vuitton belts, December 2007, December 2008, but the Railway Bridge Bureau, Bureau of thirteen iron, iron ASTRI (Beijing) Engineering Consulting Co., Ltd. won the bid Unit Earlier in March 2006, February 2006, March 2008, respectively, had been admitted to work,
mbt shoes clearance, involving 4.446 billion yuan contract amount.
In addition, in June 2009, the Ministry of Railways Engineering Design Center issued identification access Railway Station renovation and facade construction business directory, the Shanghai company in Qufu, east and north station house Changzhou project tender with the list of the China Railway Construction Engineering Group Co., Ltd., China Railway Construction Group Co., Ltd. two companies entered into the station house is decorated, 6 copies of engineering contracts, exclusion of potential bidders, involving an amount of 490 million yuan.
audit noted that the above problems, the Shanghai company said it will further improve relevant management systems, bidding in the future to do the work in strict compliance with laws and regulations; the same time, the Ministry of Railways will further open the market of railway construction, the establishment of dynamic management system for credit evaluation, to encourage more enterprises to participate in railway construction.
the surface is reached by public bidding, and in fact is the way through the secret operations carried out. who have not started before bidding, purchasing departments have been interested in the construction units (ie
Valley Liaohai said suppliers to participate in all tenders prior to purchasing (Based on this, the so-called successful suppliers Railway Bridge Bureau, Railway Bureau and other units thirteen, in fact, not by fair, open and transparent manner winning. Nominally
Valley Liao said further analysis of the sea, as both sides of the contract is not reached by way of competition, the contract amount is not in the formation of a fair competitive environment, there is no real, objective close to the market price. Based on this, involving a contract amount of 4.446 billion yuan, according to industry unspoken rules, there must be some public funds were misappropriated related party interests.
suspected of bid-rigging offenses
Bank Law Office, Association of China Zhao bidding has sea view, the Beijing-Shanghai high-speed rail project 5.0 billion, which is a shocking figure. According to law, such behavior has been suspected to constitute the crime of bid-rigging.
citizen's legitimate rights and interests of serious behavior. For the crime of bid-rigging that standard, and should be prosecuted: damage to the tenderer, the bidder or the state, collectives, the legitimate interests of citizens, resulting in direct economic losses of more than the amount of five hundred thousand yuan; of the other bidders, the tender and bidding activities of people and other participants to take threat, deception and other illegal means; does not exceed the amount of the standard, but bid-rigging, two or more administrative punishment, and collusive bidding.
As for the illegal side of the penalty incident, constitutes a crime shall be investigated for criminal responsibility; does not constitute a crime, shall be given administrative sanctions. ; if a crime is constituted, the court according to law on persons directly in charge and other directly responsible personnel to three years imprisonment or criminal detention, and concurrently or a fine, for the bidder may also constitute violations punishable by fines.
However, Google Liaohai that string of standard terms of existing legislation on crime has not attracted enough attention, and practice managers directly responsible and other directly responsible personnel are held criminally responsible and the real rare.
Zhao had to remind the sea, project bidding problem areas and the emergence of the national interests of the people not only caused great losses, but also seriously affected the credibility of government departments, social, and market order of fair competition cause serious interference. Can be said that in the current construction projects, through covert operations funding from the project seems to have become the norm carve fat, tender into rent-seeking, a fig leaf, the negative impact of this phenomenon can not be ignored.
need to improve the existing system of multi-pronged
experts believe that the Beijing-Shanghai high-speed railway bidding exposed issues worth thinking about. Law Institute of Chinese Academy of Social Research Dr. Jin Shanming Law that deal with project bidding, Chiu Tsang-hai, in the recent project bidding events, including the main reasons of frequent lack of checks and balances of power, the regulatory body set unreasonable, the legal system is not perfect, punishment for violations such as not tough enough.
part of the leading bidders, bidding arbiter, set decision-making, implementation and oversight of power in one, easy to trade power for money in a market economy caused by corruption.
sea Chiu said that in regulation, the current bidding is still the area of administrative control mode by the system, according to industry property administrative departments separately regulated. This model lacks a unified, authoritative regulatory and oversight bodies, bidding and purchasing the supervisors of the principal confused with law enforcement.
Not only that, the legal system is also not sound enough. design of the system too careless, therefore loopholes available to drill; some tight system itself, but unfortunately the lack of supporting systems.
use of public funds for procurement, for which law exactly, people tend to know what to do. obtained different results. There are many blind spots in the two laws in the case, often to the black-box operation department and related personnel to provide more flexible space. The existing
In addition, Zhao was the sea that the punishment for violations not tough enough. Illegal collusive bidding behavior, low cost, high profits and bid-rigging violations greater contrast between the low-cost, resulting in many units and individuals to take the risk.
In his view, in order to better prevent and respond to these issues, we must improve the existing system from the different areas. First of all, should be established in the management of institutional checks and balances of power. By bold reform and innovation, will be bidding to give a management responsibility for administrative supervision departments and industry interests did not, with relative independence and authority of the special supervisory bodies, the establishment of innovative market-based bidding system of consolidated supervision, to build from the source to prevent corruption effective mechanism. In addition, trading activity should be addressed in the bidding problem of asymmetric information, the establishment of a sound system of public disclosure of bidding information, strict information disclosure procedures, content, scope and duration to ensure that all aspects of the bidding open and transparent information; a unified bidding management system, the development of uniform rules of operation, elimination of the key points likely to breed corruption. Furthermore, it should improve the bidding costs and risks of corruption and to strengthen social supervision, audit model can refer to major projects, socio-professional organizations commissioned the entire process of bidding for an objective, independent third-party supervision.