摘要
串通投标与串通拍卖是两个不同的法律概念 ,其外延并无包容或交叉关系 ,二者在客观表现、社会危害程度、法律责任等方面均有明显区别。串通投标情节严重的应追究刑事责任是我国刑法的明文规定。但我国刑法并未规定串通拍卖的行为构成犯罪 ,因此不宜将串通拍卖行为认定为串通投标罪。
Collaborating bid and auction acts are two different lawful definitions that do not contain and overlap each other however, they are prominently different in objective behaviors, social damage levels and legal responsibilities. According to our criminal laws, collaborating bid with severe circumstances should be legally punished, while collaborating auction act is not regulated as a crime, so it should not be considered as crime of collaborating auction.
