The Research On Bid-rigging Offenses

In recent years, with the continuous rapid development of the socialist market economy, the field of bidding is also for increasing prosperity, the competitive situation become more and more intense. Many bidders in competition for survival under the weight, resort to illegal means in order to win in the bidding. Therefore, illegal forms become more complex, these factor serious damage to the Chinese bidding market environment, disrupting the socialist market economic order, against the state, the tender and the legitimate interests of other bidders Previous laws and regulations to combat and regulate its development of the situation has not keep up with needs, increasingly common bidding law, improve the criminal legislation to combat criminal activity is imminently.We based on the legal tender and the judicial practice in our country, in order to effectively combat criminal bid-rigging activities, from the following aspects were described in detail, hoping to play the desired effect.Bid-rigging crime is committed when bidders collude with each other to bid, causing damages to the insterests of both the tenderers and the other bidders.And if causing severe consiquence, the criminals shall be sentenced to prison for three years or be detained, as well as be fined.if the tender works hand in glove with the bidder,causing damages to the country,the community or the citizens,they will be punished according to the previous rules. The unit that breaks the article 221-230 crime prescribed in law shall be fined at the name of the unit, and the people who are involved directly and who take direct responsibility will be punished accordingly.The objects of the bid-rigging crime are complex, including the order in the fair competitive bidding market,which is the major one,and the ligal rights and interests of the nation, the collectivities and the citizens,which is the minor one. As to the objective condition,the actors must commit the bid-rigging which leads to severe resaults. Actors here are special, they are identification criminals,that is,the tenderee and the bidder, including any natural person, legal entity or unit who are qualified bidder and tender. In addition, the qualified bidding agencies are tenders theoretically, as well as the wire-pullers of the bidding or tendering. As to the subjective conditions,the actors commit it in a direct or indirect intention.The regulation of our law has some defects:firstly,the not well- equipped system can not unify all the parts.secondly,the definition of the subject is too partial to cover all the colluding-related behavior. thirdly,the punishment is not severe enough. fourthly, administrative supervision system is defective.fifthly, too many duty-indefinite departments lead to chaotic and ineffcient management.at last, bidding system itself have loopholes.So,to perfect the system, we should avoid the above-mentioned defects and strengthen the legal regulation.