Criminal law governance of collusive bidding crimes
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D924.3

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    Abstract:

    Through the analysis of 318 sample cases that constitute the crime of collusive bidding, we can see that in China, collusive bidding has prominent features such as complicated behavior, concealed behavior, corrupt behavior and serious consequences. It is mainly due to the driving of economic interests in market operations, the imperfect bidding and tendering system, the ineffective punishment of criminal law and the improper governance of social management. In order to effectively prevent and punish the crime of collusive bidding, we should adapt to the social governance model being transformed. According to the characteristics and causes of such criminal phenomena, the corresponding regulation of criminal law should be incorporated into the whole social governance system and the rule of law system, and the systematic governance should be carried out. Specifically, on the basis of unifying and innovating the concept, policy, legislation, judicial and operational mechanism of criminal law participating in social governance, we should timely improve the legislative provisions of the current criminal law on collusive bidding crime, and improve the judicial mechanism which criminal law governance depends on under the guidance of the criminal policy of "temper justice with mercy", so as to optimize the internal governance mechanism of criminal law. Meanwhile, we should carry out the system of opening the base bid price, cancel the pre-qualification procedure and improve the bidding method, evaluation mechanism and supervision mechanism, so as to strengthen the governance function of other measures.

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石经海,李阳阳.串通投标犯罪的刑法治理[J].重庆大学学报社会科学版,2021,27(6):191~204

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  • Received:
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  • Online: December 20,2021
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