Add Collusion Auction The Analysis Of The Crime

With the Chinese reform and opening-up, the establishment of the first auction mechanism has been restored in Guangzhou in1986after the Chinese auction industry had been interrupted for30years. That is Guangzhou Auction House. The excellent reform and opening-up situation has created favorable conditions for the development of the Auction. And the Auction law of the People’s Republic of china comes into force as of promulgation that provides a legal basis for the norm of the auction market and makes the Chinese auction on the healthy and rapidly-developed way.However, a mass of state owned assets have been changed or are be changing the property rights in the from of the auction. AS the intensifying economic reform and the fast development of the auction,the base price of the auction has been increased from a large number of private products to all kinds of the things in the social life which include the large amounts of state-owned assets. Few criminals make the best use of the loopholes in the existing legal and the imperfection of the reform to speculate in the real life. Even "the professional collusion auctioneers" who seek illegal interests for the purpose have turned up. At the same time, the behavior of the malicious collusion auction is a serious disruption for the socialist economil order and is badly damaged the lawful rights and interests of the auctions and other bidders, which has influence on the public credit of the auction system. So we urgently need to crack down at law to impose the constraint."Criminal law" and "Merger" of our country all did not clearly make criminal responsibility with the auction behavior, how should be investigated for his criminal responsibility which are seriously appeared in the judicial practice circumstances, theoretical viewpoint is differ, judicial practice to handle such cases treatment is not the same. From the current judicial practice, only investigating the administrative responsibility of auction behavior person who have serious circumstances in accordance with administrative law,which is already not enough to curb such harm the occurrence of behavior. Therefore, this paper is to fill the legal blank and blind spots, solving legal problem, such as legal lag, analyzing all kinds of disputes and view about "vicious collaboration auction" legal responsibility in the judicial practice, "schools of thought contend, the truth of the heart," and provide a free debate academic atmosphere of the legislation revision.Based on this, this paper discusses the three aspects problem.(1) analysis the "acted in collusion with the auction behavior" and "colluding bid behavior" connotation using the legal theory, comprising the difference between its internal logic and category;(2) analysis the legal reason why the "acted in collusion with the auction behavior" can’t punish with "colluding bid crime","illegal business crime""the contract fraud" and so on;(3) provide legislative proposals to establish "acted in collusion with the auction crime", the necessity of charges expression, constitutive requirements, and criminal responsibility. Hoping to through the harsh legal, effectively awing and fighting against the malicious auction behavior, regulating the market economy order, protecting state-owned and collective assets from erosion.