【導(dǎo)讀】的文字表述情況等作具體的評價。國家現(xiàn)行法律、法規(guī)、規(guī)章制度的新情況。實際情況，采取有效措施規(guī)范建設(shè)工程項目建筑施工的招投標(biāo)行為是必要。作”已經(jīng)漫延到招投標(biāo)活動的各個環(huán)節(jié)，且單個環(huán)節(jié)行為較難認(rèn)定為違法違規(guī)。這種狀況不予以整治危害性更大，將使建筑市場處于非良性競爭。狀態(tài)，危害行業(yè)的健康發(fā)展，且毒害黨風(fēng)和社會風(fēng)氣。運作機制等方面分析其成因。部令和地方法規(guī)。視性條款規(guī)定第四十條評標(biāo)委員會對投標(biāo)文件進行評審和比較的條款等。并按行政隸屬關(guān)系接受其上級主管部門監(jiān)督。實踐中存在領(lǐng)導(dǎo)不干預(yù)，經(jīng)辦人員干預(yù)項目業(yè)主不干預(yù)，招標(biāo)代理人干預(yù)的。活動中仍衷情于“權(quán)力”。從公平與效率角度進行招標(biāo)運作，否則招標(biāo)代理有可能失去市場。

　　

【正文】 of administrative departments of the establishment of the tender to do and physical construction market, but also artificially fragmented, resulting in waste of human resources, regulatory power further weakened. From the administrative means to see, construction administrative departments of the management of building market, especially the lack of effective means to regulate behavior of the owners, but the only means of negative punitive means, in theory, excessive use of passive means will hurt themselves, the ultimate will affect the industry39。s prosperity. Bid Evaluation Committee of Experts can not achieve the intended function Bidding the promulgation of a legal evaluation of the bidding activities of the status of the Committee of Experts has defined the project owner to reduce the project will directly affect the subject of administration, in theory, the project evaluation reflect the democratic and scientific. However, in actual operation in the bid evaluation panel did not achieve its intended function very well. The specific reasons are as follows: ① accordance with the Bidding on the definition of qualified evaluation experts, and only in large and mediumsized cities Fang Cai has a certain capacity to establish a conditional evaluation experts, library, meet the conditions of evaluation experts, appears inadequate in quantity。 ② evaluation experts from every walk of life generation, evaluation experts, ideological and moral qualities and professional qualities difficult to grasp, especially in the absence of sufficient storage capacity, in line with the provisions of law experts in hardware, basically warehousing, resulting in uneven quality of experts 。 ③ socialization and evaluation experts, the way the selection of experts, only the constraint of law, administrative constraints of their ineffective. However, as a result of specificity, even broken the law, evidence is also more difficult, legally binding nor hard. The quality of the evaluation, the evaluation experts rely mainly on their own moral constraints, moral constraints highly dependent on the environment, in the current plex environment, ethical constraints often appear pale。 ④ tenders are now a large difference in size of projects the professional great. For most projects, the agency cost considerations from the pressed tender, evaluation time, only a few hours, in such a short period of time required produce highquality evaluation results of evaluation experts, impractical, often only to fulfill the legal only a procedure. Based on the above analysis, we present evaluation of the bidding activities of the Commission to act as a rubber stamp function, or evaluation experts to participate in secret operations, specific for a particular issue there will be an objective judge of the phenomenon of understanding. Construction bidding black and white contract prevailed At present in our project bidding, the construction unit with the unit or the tendering agency tender plicity, making up false bidding, Ming Zhao dark setting, the signing of black and white contract issue has been outstanding. In the fifth meeting of the Tenth National People39。s Congress, NPC Standing Committee vice chairman of the NPC Standing Committee Li made to the meeting on the Building Code Enforcement Inspection Unit report on the implementation. He said the socalled black contract is to build units in the project bidding process, in addition to public contracts, the unit has signed a contract in private with the successful bidder, forcing successful units with funds Loaning contracting, engineering models and so on down. Black contract violated the Public Bidding Law, contract law and the relevant provisions of construction law, construction quality, easy to create hidden dangers, not only harms the interests of the construction side, and ultimately damage to the building of party interests. During the inspection, the inspection team learned that this problem is not only widespread, and difficult to investigate. The construction unit should strengthen the regulatory and supervisory behavior and seriously deal with the signing of black and white contract other illegal activities. To fully understand the seriousness and harmfulness of black and white contracts are determined to solve this problem. Government39。s investment in construction projects to take the lead in pliance with the law, at the same time to reform the governmentfunded project management, in accordance with separation of construction and management, with construction of separation and professional management principles, and gradually establish clear rights and responsibilities, constraints and effective, scientifically standardize the construction of management system and operation mechanism. In addition, construction project bidding, such as the petent departments and construction units to strictly control the construction enterprise qualification, regional and departmental monopolies, administrative serious intervention, the tender process control calibration strictly to make money, plete projects have been cut randomly change the evaluation approach, intends to reduce the size of the tender period, pretender and so the lack of rationality to the typical largescale phenomenon also exists. There is a lot more than building laws and regulations, institutional, social environment, mechanisms and architectural characteristics of the product itself and other reasons, led to the construction bidding activity produced a series of black box operation. Conduct its operations embodied in the tender rules of the game, the formulation of these rules from the release announcement for application, prequalification to the tender documents have made arrangements for a series of tendentious, and to develop the regulatory author