关于增设“串通竞买罪”的立法建议

The Legislative Suggestions on Adding “Bidding Collusion Crime”

国有土地使用权出让的招标、拍卖、挂牌及国有、集体资产拍卖是我国在总结国有土地使用权拍卖和招投标实践基础上的拓展和创新,而串通竞买行为就是在挂牌出让等过程中竞买人相互串通竞买报价,用串通的方式对抗、减少竞争,以相对低价取得国有土地使用权,最终损害出让人即国家的利益。而现行《刑法》对串通投标罪的规定,难以涵盖和规制日益翻新的危害行为。因此,有必要从遵循刑法内在规律和严密刑事法网的角度出发,对刑法条文予以创新构造,以期对打击与防范国有土地和国有资产转让中的犯罪行为有所裨益。

The transfer of the state-owned land by tender, auction, listing and the auction of state-owned and collective assets are the development and innovation based on the summary of state-owned land use rights auction and bidding practice, and collusion bidding behavior is collusion bidding price among bidders in the process of listing transferring. Bidding collusion may reduce competition and achieved at a relatively low price of the use right of state-owned land, which will ultimately harm the interests of the nation. And the current ＂Criminal Law＂ on the provisions of the crime of collusion fails to cover and regulate the increasing damage behavior. Therefore, it is necessary to follow the inherent law of Criminal Law and strict criminal justice in order to innovate the penal code, hoping to benefit the countermeasures against the crime of land owned by the state and the transfer of state-owned assets.