| Government procurement is the behavior that the government purchases goods,projects and services from the market in order to effectively carry out government activities.The law of the people’s Republic of China on government procurement was adopted in 2002 and formally implemented in 2003.Since then,the government procurement system has entered the track of legalization,which is an important part of building a "sunshine government" in China,and also a new milestone of promoting anti-corruption in China.Over the years,our government procurement has been deepening development and expanding the scale of government procurement.At the same time,our country has been committed to the standardization of the field of government procurement and continuous improvement of all aspects of government procurement.However,the problems of government procurement are gradually emerging,especially the problem of collusion bidding in government procurement is quite typical.On the one hand,it is common for buyers and suppliers,especially suppliers,to collude with each other in order to make profits,ignore laws and regulations,lose integrity.On the other hand,the government procurement system in China is not mature enough compared with the government procurement system in the United States and other countries with a history of more than 200 years,no matter at the legal level,program design or specific application,there are many problems to be solved.Compared with the collusive bidding in general bidding activities,the collusive bidding in government procurement not only destroys the normal competition order of government procurement market,but also leads to the loss of national financial budget,damages the interests of taxpayers,and even infringes the safety of public life and property.Although our country has established a basic regulatory framework for the legal system of government procurement,and the relevant laws and regulations have provisions for regulating collusive bidding in government procurement,the relevant provisions are not perfect.In view of this,this paper chooses the collusive bidding behavior in government procurement as the research object,studies the regulation of collusive bidding behavior in government procurement in China and puts forward suggestions.The specific structure of this paper is as follows:The first part is the introduction,which introduces the background and significance of the topic and the research situation of scholars at home and abroad.The second part expounds the concept,nature,manifestation and harmfulness of collusion in government procurement.The third part is the analysis of collusive bidding in the practice of government procurement in China.This part analyzes the data in the "record list of serious illegal and dishonest acts of government procurement" issued by China government procurement network,and analyzes the collusive bidding in the practice of government procurement combined with typical cases of collusive bidding,from which it is found that collusive bidding banks in government procurement are found for frequent and collusive bidding,the main problems in practice are horizontal collusion bidding,insufficient punishment for collusion bidding in China’s laws and regulations,and incomplete collection of collusion information in the "record list of serious violations and dishonesty of government procurement".The fourth part combs the current situation of the legal regulation of collusive bidding in the process of government procurement practice in China,mainly focusing on the regulation of collusive bidding in the government procurement law,the bidding law,the anti-monopoly law,the criminal law and other relevant laws and regulations.At the same time,it combs the existing problems in legislation,such as the disunity and collusion of relevant laws and regulations in China This paper analyzes the unclear division of the authority of the main body of investigation and punishment of collusion in bidding,the lack of strict regulations on punishment of collusion in bidding,the lack of perfect credit information platform system,and the lack of perfect regulations on leniency system.The fifth part studies the experience and practice of regulating collusive bidding in government procurement in the United States and Japan,analyzes the relevant legislation,recognition standards,investigation subjects,punishment provisions and leniency system of collusive bidding,and summarizes the Enlightenment of regulating collusive bidding in government procurement in China,which is to make full use of the laws of anti-monopoly law and collusive bidding The responsibility should be clear and strict,the investigation and punishment organization of collusion should be clear,and the leniency system should be matched and improved.The sixth part puts forward some suggestions to improve the legal regulation of collusion bidding in government procurement.Firstly is to unify relevant laws and regulations,and it is suggested to add relevant regulations that are deemed as collusion in bidding in the regulations for the implementation of the government procurement law,and to be consistent with the relevant regulations in the regulations for the implementation of the bidding law and the order No.87.In view of inconsistency in the prohibition period of government procurement activities,it is suggested that the prohibition period of government procurement activities should be 3-5 years.It is suggested that in the antimonopoly law of China,what is collusive bidding and what belongs to or can be regarded as collusive bidding should be clearly defined,and the corresponding punishment measures should be made for collusive bidding.Secondly,it is suggested to clarify the main body of collusive bidding investigation and punishment,establish a unified organization for collusive bidding investigation and punishment,and endow the organization with absolute authority and relative independence,so as to avoid multiple political affairs,which is more conducive to the discovery and investigation of collusive bidding in government procurement.Thirdly,we should increase the punishment of collusion in bidding,increase the proportion of fines,increase the term of imprisonment for the crime of collusion in bidding,and increase the amount of civil compensation.Fourthly,it is suggested to improve the credit system of our country,and make clear the identification departments and standards of bad behaviors,and incorporate the bad records of the main responsible persons of suppliers into the credit information platform at the same time.Fifthly,we should improve the leniency system,propose to increase the leniency of criminal responsibility,and establish other systems matching with the leniency system,such as the way of applying for leniency by colluding bidders and the review procedure to ensure the implementation of the leniency system.The innovation of this paper is mainly reflected in the comprehensive analysis of the data related to collusion bidding in the "record list of serious violations and dishonesty of government procurement" published by China government procurement network,and on this basis,the main problems existing in the practice of government procurement are analyzed. |
