The Crime Of Bid-rigging Problems Of Judicial Application And Its Extension

This article makes a doctrinal study on the bid-rigging case of Zhao issued by the L district of L city intermediate People's Court.Zhao attempted to commit a bid-rigging for the reason of getting in engineering projects seriously.Therefore,Court sentenced Zhao the crime of bid-rigging,2 years and six months and 5 million yuan fine.Based on the analysis of the elements of the crime of bid-rigging,The case objectively not infringe upon the tenderer and the interests of the other bidders is not guilty.In my opinion,about the crime of bid-rigging,on the one hand,we adhere to the criminal law shall be clear about the constitutive requirements and the problems of justice,on the other hands,according to China's specific national conditions and the nature of the Bidding system,we should insist on the idea of modesty of criminal law,as to improve some beneficial suggestions to the crime of bid-rigging.There are seven parts,the structure of which,excluding the introduction and conclusion,is as follows:The first part is the introduction of the Zhao's case and put forward some problems in the justice.The second part is mainly discusses the administrative illegal and criminal illegal big-rigging behaviors of judicial cognizance.The third part is mainly explore the different collusion bids in the sentencing on the distinction between the problems.The fourth part is mainly discuss the crime of unit and the individual behavior boundaries.The fifth part mainly discusses how to identified the cross of the crime of bid-rigging and others.In the last chapter of this thesis,for the specific reality of China and through the nature of the system,beyond the criminal law to ensure that the crime of bid-rigging is reasonable to apply the proposal.