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《招投标法》与《招投标法实施条例》对建设工程低价管制的规定貌似矛盾。笔者在分析有关概念的基础上认为《招投标法》禁止低于成本报价的禁止性规定由于其不具操作性而最终导致了建设工程交易秩序的混乱,因而该规定是错误的。但是基于我国工程建设领域监管现状又应暂缓执行《招投标法实施条例》中禁设最低投标限价的规定,并认为目前我们最为紧迫的任务是尽快完善工程建设领域监管体系。
“Bidding Law” and “Bidding Law Enforcement Regulations” on the construction of low-cost regulation looks seemingly contradictory. Based on the analysis of relevant concepts, the author thinks that the Prohibition of Bidding below the Cost is prohibited by the “Bidding Law” because it is unworkable and eventually leads to confusion in the trading order of construction projects. Therefore, this provision is wrong. However, based on the status quo of construction supervision in our country, we should suspend the implementation of the minimum bidding limit stipulated in the Implementing Regulations of Bidding and Tendering Law. We think that the most pressing task for us at the moment is to perfect the regulatory system in the field of construction.