The Research On Judicial Practice Of The Crime Of Collusion In Bidding

Today’s era,with the rapid development of China’s social economy,especially construction engineering bidding field,widening the bidding industry faced with the increasingly fierce market competition,the bidding of construction project to bring the huge economic interests temptation to relevant personnel in the path of illegal collusion.Against this background,various problems have arisen.This thesis,by using magic weapon of Peking University network to collect to the written judgment of the crime of collusion,using big data analysis method,on the one hand to submit tenders in collusion with the trial of cases involving crimes in the judicial practice summarizes present situation,found that the principal part of the crime of collusion profitable,at the same time,the personnel of the sin,more also violate other economic crimes,for the sin of the offender to court sentenced to property penalty,freedom penalty and the tendency of probation.On the other hand,the author will be in collusion with the bid in the judicial practice of the issue of the dispute between the defender and the judge extracted,independent chapter,launched a discussion.The specific content is as follows:The author thinks that the subject of the crime is the general subject,and the bidding agency can also constitute the crime;In the crime of collusion "serious" identified issues,mainly from the second paragraph of article 223 of the criminal law,which constitute a crime of collusion and the tenderer bidders need the cognizance of "serious" as well as the analysis on May 7,2010,the supreme people’s court,ministry of public security issued about the jurisdiction of the public security organ of the provisions of the criminal case filing prosecution criterion(2)6,article 76 of the "other serious circumstances" of the specific situation;For the identification of illegal income,the author agrees to take the project net profit as illegal income.The calculation of illegal gains shall be the amount of illegal profits after deducting costs;When the crime of colluding in bidding is interwoven with other crimes to constitute implicated crimes,it is suggested that several crimes be punished together.The study on the judicial practice of the crime of bid-rigging reflects that we adhere to the principle of legality in judicial practice,and by clarifying the differences of the crime in judicial practice,it is beneficial to grasp the essence of the bid-rigging system and regulate the unreasonable and illegal bid-rigging behavior.