The constitutive elements of the crime of bid rigging can a single person constitute the crime of bi

Penalties are imposed on an enterprise-by-enterprise basis.

Legal analysis: (1) The object elements of the crime of collusive bidding: The complex object violated by this crime not only infringes on the legitimate rights and interests of other bidders, the state and the collective, but also infringes on the free and fair competition order of the socialist market economy.

2) Objective elements of the crime of collusive bidding: This crime is objectively manifested as the act of collusive bidding. The so-called collusive bidding refers to the general term for the acts of restricting competition that occur in violation of the relevant procedures in the process of bidding and bidding, specifically, it refers to the private collusion between bidders in the process of bidding and bidding, raising the bid price or lowering the bid price, jointly damaging the interests of the tenderer or other bidders, or colluding between the bidders and the tenderer to damage the legitimate rights and interests of the state, the collective and the citizens.

3) The main elements of the crime of collusive bidding: the subject of this crime 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. Where a unit commits this crime, a two-penalty system is implemented, that is, a fine is imposed on the unit, and the person in charge and other persons directly responsible for it are to be investigated for 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.

4) Subjective elements of the crime of collusive bidding: This crime must be intentional in the subjective aspect, that is, knowing that one's act of collusive bidding will harm the interests of the tenderer or other bidders, but still determined to do so, and hoping or allowing the occurrence of such harmful consequences.

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.

Its constituent elements include the following points: (1) Object elements: The complex object of infringement of this crime not only infringes on the legitimate rights and interests of other bidders or the state or collective, but also infringes on the free and fair competition order of the socialist market economy.

2) Objective elements: This crime is objectively manifested as an act of collusive bidding. It refers to the act of private collusion between bidders in the process of bidding and bidding, raising or lowering the bid price, jointly damaging the interests of the tenderer or other bidders, or colluding with each other between bidders and bidders, and harming the legitimate rights and interests of the state, the collection of spikes, and citizens.

3) Subject elements: The subject of this crime 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. In accordance with the provisions of Article 231 of this Section, a unit may 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 who is directly responsible for it and other persons directly responsible shall be investigated for corresponding criminal liability.

4) Subjective element: This crime must be intentional in the subjective aspect, that is, knowing that one's act of colluding in bidding will damage the interests of the tenderer or other bidders, but still determined to do it, and hopes or allows such harmful consequences to occur.

Article 223 of the Criminal Law [Crime of Collusive Bidding] 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 short-term detention, and/or a fine.