It is true that density functional theory (DFT) describes a fictitious system and the Kohn-Sham orbitals are only approximately similar to the true (quasiparticle) states. However, energies of two states are given accurately by DFT: the ionization potential (I), which is the Kohn-Sham eigenvalue of the highest occupied state, and the electron affinity (A), which is the eigenvalue of the lowest unoccupied state plus a derivative discontinuity. The difference between these quantities is exactly equal to the band gap. You can find this expression as Eq. (23) in Ref. [1]:
$$
I(M) - A(M) = \epsilon_{M+1}(M) - \epsilon_{M}(M) + C,
$$
where $\epsilon_N(M)$ is the $N$th eigenvalue of an $M$-electron system and where the derivative discontinuity of the exchange-correlation potential with respect to the number of particles is given by Eq. (9) of the same paper:
$$
C = \left. \frac{\delta E_{xc}}{\delta n(\mathbf r)} \right|_{M+\delta} - \left. \frac{\delta E_{xc}}{\delta n(\mathbf r)} \right|_{M-\delta}.
$$
That is, by adding an infinitesimal number of electrons to an $M$-electron system in its ground state, the derivative of the xc-energy jumps by a finite amount. This jump is generally not taken into account by xc-functionals used in practice, which leads to the underestimation of band gaps. To answer your questions:
1) There is no theoretical foundation to suggest that a fictitious system would somehow inherently be better at estimating band gaps than computing the real system. We use DFT because it's cheap and reasonably accurate for many applications. And, as described above, DFT is in principle capable of yielding the exact band gap, but the numerical approximations used in practice are not quite there yet.
2) It depends on what you mean by "better". You could have empirical functionals that are accurate for predicting the band gaps of some materials but perform poorly for a wider class of systems and/or other properties. It is typically the case that including a portion of exact exchange improves the band gap, but this approach is empirical. It is not theoretically fully justified and doesn't solve the derivative continuity issue, which is inherent to DFT. It just happens to work well in practice, especially for functionals like B3LYP, where there parameters are empirically tuned by fitting to a set of molecules.
See Refs. [1]-[3], which are the classical works describing this issue.
[1] - John P. Perdew and Mel Levy, "Physical Content of the Exact Kohn-Sham Orbital Energies: Band Gaps and Derivative Discontinuities", Phys. Rev. Lett. 51, 1884 (1983).
[2] - L. J. Sham and M. Schlüter, "Density-Functional Theory of the Energy Gap", Phys. Rev. Lett. 51, 1888 (1983).
[3] - John P. Perdew et al., "Density-Functional Theory for Fractional Particle Number: Derivative Discontinuities of the Energy", Phys. Rev. Lett. 49, 1691 (1982).