Examination And Improvement Of China's Bid-rigging Criminal Legislation

In recent years, crime of collusion in entering bids in competitive-bidding market in our country has been more and more rampant. It has seriously endangered open, justice, fair competitive-bidding market environment, breeding corruption with ill impact, which has become the "malignant tumor", blocking healthy and orderly operation of competitive-bidding market. However, to a certain extent, the stagnation and limitation of the bid-rigging criminal legislation in our country have weakened the effect of crackdown on crime of collusion in entering bids, which has already been unaccommodated to the development of market economy and demand of crime situation. Therefore, to amend and improve the bid-rigging criminal legislation is extremely urgent. The thesis puts forward the improvement suggestions by examining and analyzing defects and omissions of the bid-rigging criminal legislation, and expects to be of great benefit to prevent and punish crime.The first chapter contains the basic concept of crime of collusion in entering bids and the corresponding theory. It provides a brief definition of collaborating bid and crime of collusion in entering bids. Moreover, through reviewing the bid-rigging legislation in foreign countries, it summarizes successful experience for reference.The second chapter elaborates the constitution of crime of collusion in entering bids. It lays emphasis on analyzing rich connotation of constitutive elements of crime of collusion in entering bids, and makes it a distinct outline, which will lay a foundation for examination of the bid-rigging criminal legislation in our country.The third chapter is to examine defects of the bid-rigging criminal legislation in our country on range of criminal subject, means of offense and circumstance of crime. It makes an objective analysis of main problems of the bid-rigging criminal legislation in China, which provides a basis for ideas on perfecting the bid-rigging criminal legislation.The forth chapter based on current judicial situation of collusion in entering bids in China, puts forward the improvement suggestions on defects and omissions of the bid-rigging criminal legislation, such as widening the range of criminal subject, extending means of offense, defining circumstance of crime, improving legal penalty and adding the new name of crime.Finally, to realize effective control and prevention, the author proposes perfecting the legal regulation system of collusion in entering bids and enlarging the benefit of various legal adjustments.