Study On The Crime Of Bid-rigging Of Judicial Application

Bidding,as a commodity transaction behavior to ensure the order of market competition,is very important to the development of economy.The increase of bidding market competition has led to more and more bid rigging behavior,and its formal means are becoming more and more complicated.Bid rigging hinders fair competition in the market,not only harms the legitimate interests of bidders,but also undermines the competition mechanism of bidding,which has a very important impact on the social and economic order.Although the Criminal Law has made legal regulations on serious cases of bid rigging,there are still many disputes about the application of the crime of bid rigging in judicial practice,such as the description of the crime of bid rigging,imperfect provisions on the way of bid rigging,and inadequate interface with relevant laws.In this paper,a variety of research methods are used to analyze and explore the main difficult problems in the judicial application of the crime of bid rigging.The full text is divided into four parts,the first part discusses the main scope of the crime of bid rigging,and thinks that the main scope of the crime of bid rigging should not be applied to the provisions of the Tendering and Tendering Law.The second part analyzes the bidding rigging behavior through the understanding of the characteristics,types and contents of bid rigging.The third part expounds that the first and second paragraphs of the crime of bid rigging should be composed of "serious circumstances","serious circumstances" there are four specific circumstances,economic losses include three parts and calculation methods.The fourth part studies the crime of bid rigging and the crime of bribery,and thinks that collusion is not related to bribery,and should be punished together.Through the analysis of the cases of bid rigging in recent years,this paper studies the judicial practice of the crime of bid rigging,with a view to providing some ideas for the judicial application of the crime of bid rigging and regulating the bidding market.