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【裁判要旨】相关行政机关依法享有对相关招标投标活动实施监督的权力。在现行法律、法规、规章及其他行政规范性文件没有特殊规定的情况下,作为招标人的行政机关对其参加的招标投标活动依法享有行政监督权的,应严格按照法律规定行使职权,不得变通行使行政管辖权。行政机关对招标投标活动行使监督权必须符合法定程序和正当程序。
【Referees Essentials】 Relevant administrative organs shall have the power to supervise the relevant bidding and tendering activities according to law. Where there are no special provisions in current laws, rules, regulations and other administrative normative documents, the administrative organ that is the tenderer shall enjoy the power of administrative supervision over the tendering and bidding activities it participates in according to law and shall exercise its powers strictly in accordance with the provisions of the law and shall not be altered Exercise administrative jurisdiction. Administrative organs shall exercise their supervisory authority over bidding and bidding activities in accordance with legal procedures and due process.