An Empirical Study On The Prevention Of Duty Crime In Bidding

The prevention and punishment of duty crimes is the key and core content of the Party's anti-corruption cause,and the "fight against tigers and flies" has never stopped.At the second plenary session of the 18 th CPC Central Commission for Discipline Inspection,General Secretary Xi Jinping proposed to build a prevention mechanism to prevent corruption and put power in a cage of institutions.The 19 th session of the central commission for discipline inspection three plenary sessions,the general secretary "three-no" clearly put forward to construct a whole propulsion(dare not rot,not rot,don't want to rot)requirements of the construction of the system mechanism,"three-no" the integration of the system and mechanism construction,"can't" is the premise,"can't" is the key,"don't want to" is the fundamental,emphasis on strengthening the resource rich department,power concentrated in the field,the prevention and supervision of capital intensive industry.Therefore,the prevention of corruption crimes in key areas is an important requirement for the implementation of the CPC Central Committee's decision and deployment.According to the highest inspection work report and the statistics of the case,the results of the empirical research shows that the bidding duty crimes in the field of corruption crime occupies a high proportion,the case quantity and amount for duty crime far more than other areas,there is a widespread involve large sums of money involved and the judicial level,continuous cycle is long,the harmful consequences,highly social attention,the characteristics of the case investigation difficult,to the country's key projects,the people's livelihood project and caused serious threat to the public construction projects,crime is serious and complex situation.Therefore,it is of great significance to strengthen the research on the prevention of duty crime in bidding for the construction of our country's corruption prevention system.Bidding duty crime prevention is a systematic project,academic circles and judicial practical departments give a high degree of attention,but the existing theoretical research more bidding duty crime put forward relevant countermeasures to improve individual areas,the lack of systematic and specific,for the bidding of prevention of duty crime less systematic research results,combined with judicial practice less,study theory,more did not solve the fundamental problem in practice.However,the judicial practice department only introduced corresponding measures to solve the newly discovered problem of duty crime in tendering and bidding,but did not systematically improve the existing tendering and bidding system,but only played a "point-to-point" punishment effect.From the perspective of institutional criminology,"fundamentally speaking,the crime problem is a problem of public policy",the key to crime prevention is the scientific decision of the government,only through the perfect system and good policies,can play a role in preventing,reducing or resolving the crime problem.Therefore,only by perfecting the existing tendering and bidding system,can we achieve the goal of preventing the tendering and bidding duty crime.Based on this,it is necessary to analyze the core problems existing in the tendering and bidding system on the basis of empirical investigation of the phenomenon of duty crime in the tendering and bidding system,so as to grasp the relationship between duty crime in the tendering and bidding system and put forward the corresponding countermeasures to improve the tendering and bidding system.The author is engaged in the seventeen years of duty crime investigation practice experience,has carried out a one and a half years of empirical research,by bidding case number and the amount of duty crime in domestic representative G province as a sample,by examining China's judicial documents downloaded G province from 2010 to2020,3413 bidding duty crime cases,with 567 cases of field interviews and questionnaire survey,involved 580 people,four research G province prison,from the analysis of bidding case of marked characteristics of duty crime and crime,excavate the problems existing in the bidding system,Suggestions are put forward from the perspective of system prevention.Definition to phenomenon of investigation,this article in accordance with the "system problem analysis and improve the system suggest that" the basic train of thought,use case statistics,survey,questionnaire survey,empirical analysis,case analysis,multidisciplinary crossover study method,tries to bidding system for the prevention of duty crime to perfect the comprehensive in-depth study.In addition to the introduction and conclusion,the article has about 168,000 words and is divided into the following four chapters.The first chapter is the prevention of duty crime in tendering and bidding and the definition of relevant system.First of all,this paper defines the concept of duty crime in bidding.Bidding is the product of the development of market economy,which is used in goods procurement and project contracting.At the same time,it is also a management system that promotes open,fair and just competition in the market economy and reasonably distributes the rights,obligations and responsibilities of both parties.Bidding duty crime refers to the duty crime committed by the power of bidding and tendering in the bidding activities,mainly involving embezzlement and bribery,dereliction of duty,abuse of power and other charges.The behavior features are directly related to the public power of bidding and tendering.Secondly,after the introduction of the tendering and bidding system into China,there are many problems exposed in the tendering and bidding activities,such as tailor-made bidding conditions,disclosure of bidding information,change of tendering and bidding forms,malicious bidding at a low price,mutual bidding and so on,resulting in a high incidence of bribery,dereliction of duty and other duty crimes.Bidding system for the prevention of duty crime related is to point to to the supervision and administration of the bidding activities,ensure open,fair and justice in the bidding activities operation,effectively standardize the tenderee and bidder,review the bidding behavior of party,the agent,the National People's Congress and its standing committee and the various departments of the State Council,local people's congress and its standing committee,the local government and relevant departments of the specially formulated to standardize the behavior of bidding management,and related laws and regulations and normative documents,etc.The tendering and bidding system includes the tendering and bidding macro-policy,the tendering and bidding system itself and the tendering and bidding supervision system.The second chapter is an empirical study on the phenomenon of duty crime in bidding.In this paper,by investigating G province from 2010 to 2020 of the bidding office crimes,duty crime in fieldwork G province held the prisoner in the defendant,based on the involved interviews and questionnaire survey,in general,the first analyzes the bidding basic types and development trend of duty crime cases,hierarchy and scale to assess the situation.Second,descriptive statistical analysis was carried out on the bidding duty crime cases,analyzes the duty crime in the field of main body,behavior,psychological characteristics and concentration distribution of subject characteristics show the tendering department staff of crony phenomenon is more prominent than high,crime,behavior characteristics of the performance for the tender and review link high ratings,bribery cases accounted for more than major,such as the compensation of the psychological characteristics of the bidding link psychological obvious,outstanding engineering acceptance link psychological paralysis,etc.,The concentrated distribution of different fields mainly shows that the total number of cases in the government engineering field is large,the amount of cases in the land transfer field is high,the number of cases in the medical procurement field is large,the social concern is high in the school engineering field,and the economic loss is heavy in the state-owned engineering field.Finally,analyses the different manifestations of bidding duty crime,abuse of bidding policy form of crime and tailored to the tender conditions,unreasonable administrative intervention and bid activities,reveal the bidding information,etc.,using the bidding system vulnerabilities crime show the changes in the form of bidding,malicious take low price bidding,the evaluation experts malfeasance,procuratorial practice favoritism,and so on,to evade bidding supervision system of crime of collusion,split between the bidding project,implement the principle of avoidance,etc.The third chapter is the present situation and problems of the system of duty crime prevention in bidding.First of all,through the bidding post crime statistics analysis,investigation,interview,questionnaire survey and empirical research results classified statistics and case studies,the paper analyzes the current situation and bidding system for the prevention of duty crime,the existing bidding system in the bidding of the main results were obtained in duty crime prevention is narrowed the tenderee of public power,and reduce the loss of the state-owned capital,perfecting supervision measures,but the problems is the macro policy design is unreasonable,the shortcomings of system,supervision system failure,interact with each other,among the bidding duty crime phenomenon is more prominent.Second,from the bidding on the macro policy analysis,from the point of view of system of criminology,the crime problem is the root of the problems of public policy ",and macro policy is superior,the main problem with macro policy lies in the bidding in the field of power and configuration is too centralized bidding activities,administrative intervention phenomenon is relatively common,this be a direct result of the bidding at the root of duty crime,also prompted the bidding activity of the root cause of prevalence of "hidden rules".Again,from the system level analysis,bidding form too simplification,the drawbacks of low price bidding method obviously,bidding regulations conflict,review system lack of neutrality,agent system such as lack of standardization,anti-corruption path is the main obstacle to recruit for field system,the system itself is no longer a cliche topic,but be realistic difficulties to be solved.Finally,from the perspective of the regulatory system,the main problems are that the external supervision of bidding is difficult to play a role,the channels of questioning and complaint are not smooth enough,and the individual supervision lacks targeted treatment,etc.These problems directly lead to the "loose and soft" situation of the regulatory system.The fourth chapter is the way to perfect the system of duty crime prevention in tendering and bidding.Based on the analysis of the system problems of the prevention of duty crime in tendering and bidding,and based on the theory of system criminology,this paper tries to resolve,avoid and reduce duty crime in tendering and bidding by improving the macro-policy,system itself and supervision system.First,at the macro policy level,it puts forward the countermeasures to optimize and adjust the macro policies in the bidding field.The first is to optimize the power structure and resource allocation in the tendering and bidding field,learn from the establishment of foreign tendering and bidding institutions,withdraw from administrative means,and enhance the market function.Secondly,the construction of accountability mechanism and punishment and prevention system should strengthen accountability from the macro level,and build a "firewall" in the bidding field from punishment and prevention system.Second,the system level,seek to prevent from the prevention system construction and implementation path,and puts forward the existing rich tender method,reform the traditional "low bid" method ",solve the bidding rules applicable conflict,explore new type of bidding evaluation system,standardize the operation of the procuratorial agency such as complete system suggestion,effectively prevent the effect of the implementation system;Thirdly,at the level of regulatory system,it puts forward preventive countermeasures with a definite object in mind.Based on the results of empirical research,this paper puts forward some suggestions on constructing the independent review system of internal supervision,improving the appeal and relief system of external supervision,and repairing the prevention and supervision system of criminal individuals.It has both theoretical explanation and practical guidance,so as to effectively play the supervision effect of the tendering and bidding system.