串通投标罪的司法认定问题研究
Research on the Judicial Determination of the Crime of Bidding Collusion

串通投标罪作为典型的法定犯，因其本身条文规定过于简略，立法又早于《招标投标法》等相关行政法律规范的出台，导致串通投标罪在实际的司法认定中存在不少问题。本文主要聚焦于串通投标罪的犯罪主体认定，分析串通投标行为及其本质，并对串通投标罪中情节严重要件作进一步展开，并提出相应的司法认定建议，以便能更好地适用串通投标罪规制招标投标市场的串通投标乱象，充分发挥串通投标罪刑事立法规范之功能、实现其保护社会主义市场经济秩序之目的。
As a typical legal crime, the crime of bidding collusion has many problems in the actual judicial determination because its own provisions are too simple and the legislation is earlier than the promulgation of relevant administrative laws and regulations such as the Law of Tendering and Bidding. This paper mainly focuses on the determination of the criminal subject of the crime of bidding collusion, analyzes the behavior of bidding collusion and its essence, further develops the serious elements of the crime of bidding collusion, and puts forward corresponding judicial determination suggestions, so as to better apply the crime of bidding collusion to regulate the chaos of bidding collusion in the bidding market. Give full play to the function of criminal legislation regulating the crime of collusive bidding and realize its purpose of protecting the order of socialist market economy.