Research On The Legal Issues Of Bid-rigging

The system of bidding is a market transaction system in which fair and free competition is exist. However, once conspiracy behavior is involved for excess conspiracy profits through restriction of free competition, the essence of biding system will be changed fundamentally. The conspiracy behavior encroaches the legal benefits of the main body of relevant markets, what's more, it destroys the fair and free competition in biding field, and hinders the full play of the biding competition mechanism function. Therefore, it is greatly harmful.Bid-rigging, which is a result of the development of commodity economy, is a kind of illegal activities taking place in the field of bid. Essentially, it is for the interests of reasonable resource allocation and it's behavior and content often relate to social public interests. The legal issues of bid-rigging had been ignored by law circle especially by economic law circle all the time, which makes the biding difficult to function fully in the practice of socialist market economy and becomes the bottleneck of further improvement in regulating bid-rigging. This thesis purposed in how to prevent bid-rigging effectively through studying the legal issues of bid-rigging which is the important part of studying in biding. It can not merely fill the blank of theoretical research for bid-rigging in our country, and will play a positive role in biding's fully functioning and the setting and improving of regulation mechanism for bid-rigging.It's no doubt that if we want to regulate an illegal activity effectively, we should analyze and prove it's essence from the view of law. It is no exception to bid-rigging. This article firstly analyze the concept, property and characteristic of bid-rigging and point out that it's a restriction activity to free and fair competition order in certain fields (say: biding field )and conspirator's common restriction of competition through restricting each other and coordination between them is it's essence. Meanwhile, the traditional regulation law, civil law, has been already unable to realize the effective regulation to this activity under the terms of...