What is the subject of the crime of bid rigging?

In accordance with the provisions of Article 231 of the Criminal Law, a unit can also become the subject of this crime, and if a unit commits this crime, a two-penalty system shall be implemented, that is, a fine shall be imposed on the unit, and the person in charge and other persons directly responsible for it shall be investigated for corresponding criminal responsibility. This crime is a joint crime, and the bidder or tenderer who constitutes this crime is the perpetrator of the joint crime, and the perpetrator may be divided into principal offenders and accomplices, but there is no instigator and coerced accessory.

What acts can be identified as collusive bidding.

1) Collusion between bidders.

1.**Confederate type. In the bidding and bidding, each bidder shall reasonably determine the bid price according to the requirements of the bidding documents and considering its own advantages and conditions.

Some bidders collude with each other to reach an agreement on the bidding, or raise the bid price or deliberately lower the bid, so as to achieve the purpose of squeezing out other bidders and harming the interests of the tenderer.

2.Take turns sitting in the banker's type. If there is fair competition, one or several powerful bidders may win the bid at a low price for many times, and the tenderer will not only ensure the quality but also save money.

The bidders agree with each other to take turns to win the bid in similar bidding projects, so that the bidders can win the bid regardless of their strength, and make high profits in the first place, while the tenderer cannot select the best from the bidders, and has to pay high fees for the winning bidders of uneven quality, resulting in huge losses.

3.In-standard loss, out-of-standard compensation. The bidders privately determine the winning bidder, and then participate in the bidding, and agree that after the winning bidder wins the bid, the other bidders who do not win the bid will be given a "compensation fee for losing the bid".

This kind of "bid-accompaniment" behavior makes no competition between bidders, and the tenderer fails to achieve the expected savings and merit-based results, and the "compensation for losing bids" is also obtained from the ** it pays.

Collusive bidding is an act of unfair competition in economic law. The expressions on acts of unfair competition vary, but they generally have the following characteristics, that is, the competitive acts of business operators, the illegal competitive acts, the acts that infringe upon the legitimate rights and interests of other business operators, and the acts that disrupt the social and economic order. Collusive bidding and bidding has the above legal characteristics at the same time, so it is an act of unfair competition prohibited by the competition laws of China and other countries.

According to the provisions of articles 223 and 231 of the Criminal Law, the subject of the crime of collusive bidding may be either a natural person or a unit, but it is limited to the tenderer and the bidder. To establish the crime of collusive bidding, the perpetrator must not only meet the general requirements of a natural person criminal subject or a unit criminal subject as provided for in the General Provisions of the Criminal Law, but also must have the specific identity elements of the tenderer or bidder.

Legal analysis: The subject of this crime is a special subject of dissipation as far as the tenderer is concerned, and as far as the bidder is concerned, it is a general subject, and all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility can constitute this crime.

Legal basis: Article 223 of the Criminal Law of the People's Republic of China Bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine. If the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.

Legal analysis: The subject of the crime of collusive bidding is a special subject as far as the tenderer is concerned, and as far as the bidder is concerned, it is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability to take any position in criminal liability can constitute this crime.

Legal basis: Article 223 of the Criminal Law of the People's Republic of China Bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined or fined. If the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.

The subject of the crime of collusive bidding is a special subject as far as the tenderer is concerned, and as far as the bidder is concerned, it is a general subject, and all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility can constitute this crime. Units can also become the subject of this crime, and if a single person commits this crime, a two-penalty system is implemented, that is, the unit is fined, and the person in charge who is directly responsible and other directly responsible personnel are investigated for corresponding criminal responsibility. "Criminal Law of the People's Republic of China" Article 223 Bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine.

If the bidder and the tenderer collude in bidding, harming the legitimate interests of the state, the collective and the citizens, the penalty shall be imposed in accordance with the provisions of the preceding paragraph.

Legal Analysis: The subject of the crime of collusive bidding shall be the actor who participates in the bidding procedure and implements the collusive bidding.

Legal basis: Article 223 of the Criminal Law of the People's Republic of China Bidders collude with each other in bidding, harming the interests of the tenderer or other bidders, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine. If the bidder and the tenant bidder collude in bidding, harming the legitimate interests of the state, the collective and the citizens, they shall be punished in accordance with the provisions of the preceding paragraph.