The normative interpretation and decriminalization path of collusion bidding quotation behavior
XU Huanzhong
XU Benxin
Abstract：Collusive bidding quotation behavior is the implementation behavior of bidders who constitute the crime of collusion in bidding.Through the methods of literal interpretation,historical interpretation and systematic interpretation,advocates that collusion in bidding quotations includes substantive matters that may affect the result of winning the bid,which neither conforms to the interpretation rules of the economic crime catch-all clause,nor violates the concept of relative independence of criminal violations.The interpretation of criminal law should be to explore the values of law-making and the purpose it is intended to achieve,that is,the focus is on establishing the legal interests protected by criminal law to explore the correct meaning of the law and its boundaries.The core legal interest of the crime of collusion in bidding is the quality of the project,followed by the order of fair competition.According to the structural logic and substantive connotation of core legal interests,collusion qualification requirements,service conditions and technical parameters,the act of uploading the same network address of the bidding document and the act of collusion between the bidders but not winning the bid have no substantive infringement of legal interests,and should be decriminalized.
Keywords：the crime of collusion biddingquotation behaviorinfringement of legal interestscriminal illegalitydecriminalization path
Publication Date：2025-11-15
Online Publishing Date：2025-12-12(First online date of this platform, not the publication date of the document)
Pages：9( 96-104 )