Legal Dogmatic Interpretation of Controversial Issues in the Crime of Collusive Bidding——Based on the Standpoint of Objective Interpretation and Substantive Interpretation
"Possible Semantics"refers to the potential meanings of legal terms as elements of constitutive requirements in statutes;the interpretation of collusive bidding prices should not exceed the possible semantics of"bidding prices"and the general public's acceptable level.The subjects of the crime of collusive bidding are not limited to the bidders and tenderers in the sense of the Tendering and Bidding Law,but refer to participants in the tendering and bidding process.The crime of collusive bidding is a necessary joint crime,and the co-offenders of collusive bidding can be distinguished as principal and accessory offenders according to the general provisions on joint offenses in the criminal law.The act of post-tender supplementation should be judged on a case-by-case basis;the"conspiracy-type"behavior of constructing first and then supplementing the tender generally constitutes the crime of collusive bidding;the"passive-type"behavior of constructing first and then supplementing the tender does not constitute the crime of collusive bidding for the bidder,while the tenderer may be suspected of abuse of authority.When the tenderer and bidder collude to manipulate the tendering and bidding process,they commit the crime of collusive bidding.The situation of tendering through quotation inquiry when tendering should be conducted must be judged on a case-by-case basis.
crime of collusive biddingobjective interpretationsubstantive interpretationnecessary joint crimeavoiding bidding
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