The Case Review Of Wang And Liu's Crime Of Collusion In Entering Bids And Corruption

The case of Wang and Liu's Crime of collusion in entering bids has a maincontroversy is their'sbehavior only set up one crime or some crimes.Wang and Liusell collusive bidding income 11 standard pre qualification constituted a crime of corruption: Wang and Liu with other national staff the implementation of the 11 standard pre qualification selling behavior, integrity and ownership of public property violated state functionaries, comply with the object of crime; Wang and Liuwith other national staff, the use of other state functionary convenience, embezzlement of public property act, in line with the objective elements of crime; Wang and Liu as national staff, the use of national staff identity and duty crime, subject of crime in accordance with the crime of corruption crime; Wang and Liu with the intention of illegal possession of state property, accord with the subjective elements of crime.Besides,Wang and Liu also commit the crime of crime of collusion in entering bids.Wang and Liu's behavior is a violation of the other bidders or the state, collective legitimate rights and interests, but also a violation of the socialist market economy and free trade and the fair competition order, with the object of the crime to pieces;Wang and Liu instructed five road and bridge corporationinvolved in the bidding and price collusion, and bidding collusion behavior, conform to the objective elements of crime; Wangand Liu as a real decision, influence of bidding, joint bid rigging and five road and bridge corporation, with the main elements of the crime of collusion in bidding; Wang and Liu knowingly bid rigging the behavior will damage the interests of other bidders, still determined to, and hope that the harmful consequences, has the subjective elements of crime. Finally, according to the division of one crime and several crimes determination method, can be identified Wang and Liu's behavior both constitute the crime of corruptionand constitutes a crime of collusion in entering bids and there is no implicated offense and absorbable offense, exclusion of criminal law special circumstances shall be of Wang and Liu's behavior to the crime of corruption andcrime of collusion in entering bids.