Study On The Subject Scope Of Collusion In Bidding

The tendering and bidding system is a competitive transaction way for the market transaction subjects to obtain public resources such as engineering,goods and services.The current provisions of the criminal law in China clearly stipulate the scope of the subject of the crime of bidding collusion,which is only limited to the tenderer and the bidder.However,the criminal law does not directly explain the specific scope of the two types of subject,but the subsequent Tendering and Bidding Law stipulates the scope of the two types of subject.With the prosperity and development of the bidding market,the provisions on the scope of the subject of the crime in the Tendering and Bidding Law are too narrow,which can no longer meet the urgent needs of effective regulation on the crime of bidding collusion under the current market environment.Disputes have arisen in both theory and practice of this kind of situation,such as the strict theory of interpretation and interpretation according to the original provisions of the tendering and bidding law,the classification theory of classifying the tenderer and the bidder,the limited theory of limiting the subject of crime to the bidder and the expansion theory of expanding the scope of the subject.Based on the elaboration and evaluation of the four theories,as well as the analysis of the reasons for the controversy arising from the identification of the subject of the crime of bid-rigging,this paper makes assumptions based on the theory and the reality: Namely,the subject of the crime of bidding collusion should not be limited to the provisions of the Tendering and Bidding Law,but its scope should be correspondingly expanded to include members of the bid evaluation committee,tendering agencies,staff of both units and other participants in the practice of cross-bidding behavior into the scope of the tenderee and bidder.The subject scope of the tenderer and the bidder is understood as the person in charge,responsible for and participating in the bidding and bidding matters,so that they can better protect the market order of the free competition of the market transaction subjects and the legitimate interests of the state,collective,social and public interests and other participants in the bidding.