On The Judicial Cognizance Of The Crime Of Collusive Bidding

Throughout the development process of bidding system,it has played a key role in the process of social and economic development.It can effectively ensure fair competition in the market and ensure the stability of market economic order.At the same time,it can optimize the allocation of resources and improve the efficiency of market transactions.It plays an important role in the socialist market economy.However,in recent years,the crime of collusion in bidding in China’s bidding market has become more and more serious.Both the growth rate and absolute quantity are rising rapidly,which has a serious negative impact on China’s market economic order.From the content of the criminal law of the People’s Republic of China,which is currently implemented in China,there are relevant provisions on the crime of collusive bidding,but there is a problem of disconnection with the actual situation.From the perspective of reality,this thesis uses the research methods of literature research,case analysis and comparative law,combined with the relevant cases of judicial practice,summarizes the identification problems of the crime of collusive bidding,and systematically discusses and demonstrates in detail the difficult problems such as the identification of the subject of this crime,the analysis of objective elements,the standard of conviction and accomplice,hoping to be helpful to judicial practice.This thesis is divided into three parts: introduction,body and conclusion,of which the body is divided into four chaptersThe first chapter is an overview of the crime of collusive bidding.Firstly,it briefly discusses the concept of collusive bidding behavior and the crime of collusive bidding.Collusive bidding behavior is defined as a monopoly agreement behavior that hinders the normal competition order of the market.On this basis,the concept of the crime of collusive bidding is defined,that is,the acts of collusion between bidders to damage the legitimate rights and interests of the tenderee or other bidding participants,and the acts of collusion between bidders and the tenderee to damage the legitimate rights and interests of the state,the collective and citizens.Combined with the specific case data statistics in judicial practice,this thesis briefly analyzes the criminal characteristics of the crime of collusive bidding in China.The second chapter is the identification of the objective elements of the crime of collusive bidding.Firstly,it analyzes the legal interests protected by this crime and believes that the essence of its protection of legal interests is the normal economic market order.Then it discusses the types of behavior that meet the constituent elements of this crime,which are divided into two types: collusion between bidders and collusion between bidders and bidders;Secondly,it discusses the objective punishment conditions of the crime of collusive bidding,focusing on the two elements of "serious circumstances" and "direct economic loss".Firstly,from the perspective of legal interpretation,this thesis attempts to demonstrate the position and role of "serious circumstances" in the crime of collusive bidding,that is,the "serious circumstances" should belong to the constituent elements of this crime.It also analyzes the specific situation of "serious circumstances" of this crime from the perspective of the amount involved,the way of collusion and other serious circumstances.Finally,it puts forward some suggestions on the determination of the amount of direct economic loss.The third chapter is the main body of the crime of collusive bidding.Firstly,combined with specific cases,this thesis briefly describes the problems existing in the identification of the subject of the crime of collusive bidding in the current judicial practice,and analyzes the limitations of the current relevant laws and regulations on the identification of this crime.Finally,try to put forward a solution,that is,apply administrative regulations in the identification of the subject of this crime to complete the subject scope of this crime,and analyze the feasibility of this scheme at the same time.Finally,it puts forward corresponding solutions and suggestions for the specific difficult problems existing in the current judicial practice.The fourth chapter is the accomplice of the crime of collusion in bidding.This chapter mainly analyzes the differences between joint crime and unit crime of the crime of collusive bidding,and discriminates the differences between joint crime and unit crime from the ownership of illegal income and behavioral will.Combined with specific cases,this thesis discusses and analyzes several difficult forms of accomplice in practice,and puts forward corresponding treatment suggestions.