Is it criminal or civil to deceive me with a fake bid winning notice of hundreds of thousands?

deceived more than 100,000 yuan with a fake bid winning notice, which is suspected of fraud and is a criminal case.

The crime of fraud refers to the use of fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a relatively large amount of public or private property.

Commercial fraud is an act of unfair competition that occurs in the process of trading activities, violates the principle of good faith, aims at seeking benefits, and uses deception as a means. The commercial fraud in ** is even more confusing. However, from the perspective of the concept, constituent elements and characteristics of commercial fraud, there are various forms of commercial fraud in China's commercial industry.

There is no specific description of the amount of the scam.

The specific manifestations are:

1. Selling adulterated, adulterated, fake and shoddy goods; 2. The amount of goods used by false or other improper means is insufficient; 3. Selling goods such as "processed products", "defective products", and "inferior products" and falsely claiming to be the best products; 4. Selling goods with fictitious "clearance price", "fire sale price", "lowest price", "***" or other fraudulent **; 5. Do not sell goods under your own real name and mark; 6. Employing methods such as hiring others to conduct deceptive sales inducements; 7. Making false on-site demonstrations and explanations; 8. Using mass media such as radio, television, film, newspapers and periodicals to make false propaganda about commodities; 9. Fraudulently obtaining advance payments from consumers; 10. Using mail-order sales to fraudulently obtain prices, providing or not providing goods in accordance with agreed conditions; Ten.

1. Selling goods by means such as false "prize sales" or "principal repayment sales"; Ten.

2. Other false or improper means to defraud consumers.

Suspected of fraud is a criminal case, and it is recommended to report the case to the police.

You can report to the relevant departments, and the relevant administrative supervision departments shall order corrections, and may impose a fine of less than 10 on the amount of the winning project; where losses are caused to others, they shall be liable for compensation in accordance with law; The person in charge and other directly responsible personnel of the unit shall be punished in accordance with law.

Legal basis: Article 73 of the Regulations for the Implementation of the Tendering and Bidding Law Article 73 If the tenderer of the project that must be tendered in accordance with the law has one of the following circumstances, the relevant administrative supervision department shall order it to make corrections, and may impose a fine of less than 10 on the amount of the winning project; where losses are caused to others, they shall be liable for compensation in accordance with law; The directly responsible managers and other directly responsible personnel of the unit shall be punished in accordance with law

A) without justifiable reasons not to issue a notice of winning the bid;

2) Failure to determine the winning bidder in accordance with the regulations;

3) Change the bid-winning result without justifiable reasons after the notice of winning the bid is issued;

4) Do not conclude a contract with the winning bidder without justifiable reasons;

5) At the time of conclusion of the contract, the winning bidder shall be asked to attach additional pieces of dust.

According to the provisions of relevant laws of our country, if the bidder deceives and deceives the winning bid in the bidding behavior, the winning bid is invalid and constitutes a crime, and criminal responsibility shall be investigated according to law; where it does not constitute a crime, punishment is to be given in accordance with law. Article 68 of the Regulations for the Implementation of the Tendering and Bidding Law of the People's Republic of China provides that if a bidder bids in the name of another person or otherwise deceives and deceives the winning bid, the winning bid is invalid; where a crime is constituted, criminal responsibility is pursued in accordance with law; If it does not constitute a crime, it shall be punished in accordance with the provisions of Article 54 of the Bidding and Bidding Law. If the bidder of the project that must be tendered in accordance with the law does not win the bid, the amount of the fine imposed on the unit shall be calculated in accordance with the proportion stipulated in the bidding and bidding law in accordance with the contract amount of the bidding project.

If the bidder has any of the following acts, it is a serious act as provided for in Article 54 of the Bidding and Bidding Law, and the relevant administrative supervision department shall cancel its bidding qualifications for projects that must be tendered within 1 to 3 years according to law

1) Forging or altering qualifications, qualification certificates or other permits to fraudulently win bids;

2) Bidding in the name of others more than 2 times within 3 years;

3) Fraudulent bidding to the tenderer caused direct economic losses of more than 300,000 yuan;

4) Other acts of deception and deception to win the bid, and the circumstances are serious. If the bidder has one of the illegal acts listed in the paragraph of this paragraph within 3 years from the date of expiration of the penalty implementation period specified in the second paragraph of this article, or if the bidder has won the bid by fraud and deception, the business license shall be revoked by the administrative authority for industry and commerce. The winning bidder gives up the winning bid, can the tenderer claim compensation, the winning bidder abandons the tender, the tenderer can claim compensation According to the provisions of the Tendering and Bidding Law, after the winning bidder is determined, the tenderer shall issue a notice of winning the bid to the winning bidder, and at the same time notify all unsuccessful bidders of the winning bid.

The notice of winning the bid has legal effect on the tenderer and the winning bidder. After the notice of winning the bid is issued, if the tenderer changes the result of winning the bid, or the winning bidder gives up the winning project, it shall bear legal responsibility in accordance with the law. Therefore, after the notice of winning the bid is issued, if the winning bidder abandons the bid, it must bear the corresponding liability for compensation for the people's knowledge, such as compensation for losses, continued performance of the contract, etc.

Therefore, at this time, the tenderer can require the winning bidder to compensate for losses. At the same time, in accordance with the provisions of the Tendering and Bidding Law, the winning bidder does not perform the contract signed with the tenderer

1) The performance bond is non-refundable;

2) If the loss caused to the tenderer exceeds the amount of the performance bond, it shall also compensate for the excess;

3) If the performance bond is not submitted, it shall be liable for the losses of the tenderer. Of course, if the tenderer wants the winning bidder to compensate, there must be relevant evidence to prove that the loss is indeed caused by the winning bidder's abandonment of the bid, and its loss exceeds the performance bond, otherwise it is impossible to claim compensation from the winning bidder who abandoned the bid. Because a lawsuit is evidence, the tenderer has no evidence of relevant losses, and even if it is sued to the court, the court will not award the winning bidder compensation or only appropriately compensate part of the costs.

If the perpetrator fraudulently wins the bid due to collusion with other bidders, thereby harming the interests of the tenderer or other bidders, and the circumstances are serious, it constitutes the crime of collusive bidding, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined or fined.

[Legal basis].

Article 223 of the Criminal Law 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.

In the bidding activities, when the bidder has deceived and deceived the winning bidder, and it is the winning bidder, there is no objection that it should bear the administrative responsibility. However, if the bidder implements fraud in the bidding with the intention of defrauding the bidder, it will violate the law. For this kind of behavior that damages the normal market competition order, the specific behaviors are listed in the "Bidding and Bidding Law" and the "Measures for Bidding and Bidding for the Construction of Engineering Construction Projects", and Article 53 of the "Bidding Law" stipulates punishment measures for collusive bidding; The Interim Provisions on Prohibiting Collusive Bidding and Bidding issued by the State Administration for Industry and Commerce also stipulate penalties for collusive bidding; The Criminal Law also has relevant provisions on the crime of "collusive bidding", which provides a legal basis for the disposal of collusive bidding.

It can be seen from this that the act of collusion can be defined as a crime or a non-crime according to the different harmful results, that is, when the results next to the harmful register reach a certain level, it will be included in the control scope of the Criminal Law and constitute a criminal offense, otherwise it is a general administrative violation.