Analysis Of Difficult Problems In Judicial Determination Of The Crime Of Collusion In Bids

As an effective measure to ensure the fairness of market transactions,promote the effective allocation of market resources and improve the efficiency of market transactions,bidding plays an important role in the development of market economy.With the increasingly fierce competition in the bidding market,collusion in bidding also occurs from time to time.Although the criminal law of our country has set up the crime of collusion in bidding to regulate the collusion in bidding,the current laws and regulations and judicial interpretation of the crime of collusion in bidding are not perfect,which is easy to cause difficulties in judicial identification.This paper uses a variety of research methods,focusing on the analysis and solution of the main problems existing in the judicial determination of the crime of collusion in bidding.First of all,through a variety of ways to find and sort out the research on the crime of collusive bidding as the main content of the literature,elaborated the concept of the crime of collusive bidding,elements and other basic content.Secondly,we collected a large number of cases of collusion in bidding on China judicial document network,carefully screened three typical cases of collusion in bidding: Xu,Liu and Hou;Jiang,Lin and Rao;Xu's bribery and collusion in bidding,summarized and summarized the focus of controversy in the judicial determination of collusion in bidding,combined with the specific content of the case to collude in bidding This paper makes an empirical analysis of the difficult and complex problems in the judicial determination of the crime,such as the main elements,the implementation behavior,the serious circumstances,the number of crimes and so on.On the basis of comparative analysis of different views,the author puts forward that the main body of the crime of collusion in bidding should be understood as the participants of bidding activities;the establishment of the crime of collusion in bidding takes the serious circumstances as the constitutive elements of the crime;the crime of collusion in bidding belongs to the accomplice,and the collusion in bidding between the tenderee and the bidder can be evaluated at the same value when the responsibility is determined If there are differences,we should distinguish the principal offender and the accessory offender,and investigate the criminal responsibility of different actors;the criminal actor should not only commit bribery orbribery first,but also collude in bidding,and should be punished together with the crime of collusion in bidding and the crime of bribery or bribery.Finally,the author puts forward some suggestions to improve the judicial determination of collusion in bidding,such as expanding the content of the subject of the crime,refining the types of behavior and sentencing circumstances,and identifying the direct economic loss,in order to solve the difficult problems in the judicial determination of collusion in bidding.