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Six Representative Cases of Lawfully Punishing Collusive Bidding and Related Crimes Jointly Issued by the Supreme People's Court and the National Development and Reform Commission
[Effective]
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最高人民法院、国家发展改革委联合发布6件依法惩治串通投标及其关联犯罪典型案例
[现行有效]
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【法宝引证码】
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| Six Representative Cases of Lawfully Punishing Collusive Bidding and Related Crimes Jointly Issued by the Supreme People's Court and the National Development and Reform Commission | | 最高人民法院、国家发展改革委联合发布6件依法惩治串通投标及其关联犯罪典型案例 |
| (May 19, 2025) | | （2025年5月19日） |
| The bidding market, as an important part of the unified national market, plays an important role in improving the efficiency and productiveness of resource allocation and promoting high-quality development. General Secretary Xi Jinping has made important instructions on bidding on many occasions, and the CPC Central Committee and the State Council have made clear arrangements to address bidding irregularities and promote the well-regulated and healthy development of the bidding market. To conscientiously implement them, the Supreme People's Court and the National Development and Reform Commission have arranged and directed all regions and relevant parties to jointly address prominent problems in the bidding field, severely punish collusive bidding and related crimes in accordance with the law, severely combat the use of illegal means to preclude and restrict competition, continuously improve regular and long-term mechanisms, and strive to create a well-regulated, orderly bidding market environment featuring fair competition. | | 招标投标市场是全国统一大市场的重要组成部分，对提高资源配置效率效益、推动高质量发展具有重要作用。习近平总书记多次对招投标作出重要指示，党中央、国务院对治理招投标乱象、推动招投标市场规范健康发展作出明确部署。最高人民法院、国家发展改革委认真贯彻落实，组织指导各地、各有关方面协同整治招投标领域突出问题，依法严惩串通投标及其关联犯罪，严厉打击以非法手段排除、限制竞争的行为，持续完善常态化长效化机制，着力营造规范有序、公平竞争的招投标市场环境。 |
| Criminal cases of collusive bidding presently show new characteristics and trends such as diversified perpetrators, covert criminal means, and organized criminal chains. They are disruptive to the order of the bidding market and damaging to the legitimate rights and interests of businesses. In order to maximize the warning and educational role of representative cases, six representative cases of collusive bidding and related crimes closed by the people's courts are hereby issued. These cases have clarified the standards for applying the law, unified the criteria for adjudication, and guided effective punishment of crimes and maintenance of the market order. These representative cases have the following four characteristics: | | 当前，串通投标犯罪案件呈现出犯罪主体多元化、犯罪手段隐蔽化、犯罪链条组织化的新特点和新动向，扰乱了招投标市场秩序，损害了经营主体合法权益。为充分发挥典型案例的警示教育作用，现公布6件人民法院审结的串通投标及其关联犯罪典型案例。这些案例明确了法律适用标准，统一了裁判尺度，为有效惩处犯罪、维护市场秩序提供了指引。本次发布的典型案例具有以下四个方面的特点： |
| First, mounting crackdown in all fields and dimensions. Bidding involves a wide range of fields and sectors. Collusive bidding, seen in multiple fields and sectors, seriously prevents market competition. These representative cases are about multiple economic fields such as engineering construction, procurement of goods, and land contracting. The specific methods include collusion between a tenderee and a tenderer in formulating a tender plan, collusion between tenderers, bid rigging, and complementary bidding. For such cases, resolute and lawful punishment was given regardless of the field or industry in which the cases occurred, in accordance with the principle of mounting a crackdown in all fields; with a focus on mounting a crackdown in all dimensions, all stakeholders involved in each stage of collusive bidding were punished to ensure a thorough crackdown. | | 一是坚持全领域覆盖，实现全链条打击。招投标活动涉及领域广泛、环节众多，串通投标行为在多个领域和环节渗透，严重破坏了市场竞争秩序。本次发布的典型案例涵盖工程建设、物资采购、土地承包等多个经济领域。在具体方式上，包括招标方在拟定招标方案时与投标方内外勾结，招标代理机构居中牵线，投标人之间相互串通、围标陪标等多种类型。对于此类案件，一方面要秉持全领域覆盖理念，无论案件发生在哪个领域、哪个行业，均坚决依法惩处；另一方面注重全链条惩处，对串通投标黑灰产业链条上各个环节的利益相关人员进行全面惩处，确保纵向到底、横向到边。 |
| Second, strictly applying the law and lawfully, accurately determining the nature. Based on practice, the criminal means of collusive bidding have continuously upgraded, showing new characteristics of covert operations and diverse derivative crimes. These representative cases present multiple new criminal methods: a tenderee tailored bidding parameters for the intended bidder, engaging actual covert operations behind seaming legality; a bidding agency controlled the scoring accounts of evaluation experts through improper means and gave false scores; in order to circumvent big data monitoring, tenderers engaged in bid rigging by tiered bid prices. In the face of these complex criminal methods, the principle of evidence-based adjudication was applied to thoroughly examine essential evidence, such as tender documentation, electronic data, methods, and flows of funds, establish standards for judging substantive illegality, and accurately determine the nature of crime in accordance with the law. The other criminal acts involved in the cases, such as bribery, passive bribery, and forging the seal of a state agency, were aggregated for punishment according to the law to precise crack down the criminal acts. | | 二是严格适用法律，依法精准定性。随着实践发展，串通投标犯罪手段不断迭代升级，呈现出隐蔽性强、衍生犯罪多样的新特点。本次发布的典型案例中，出现了多种新型犯罪手法：招标方为意向投标人量身定做招标参数，表面合法，实则暗箱操作；招标代理机构通过不正当手段控制评标专家评分账户，虚假评分；投标人为了规避大数据监控，采用阶梯式布点报价的方式进行围标。面对这些复杂的犯罪手法，要坚持证据裁判原则，深入审查招标文件、电子数据、行为手段、资金流向等核心证据，建立实质违法性判断标准，依法准确认定犯罪性质。同时，对于案件中涉及的行贿、受贿、伪造国家机关印章等其他犯罪行为，依法数罪并罚，实现对犯罪行为的精准打击。 |
| Third, tempering justice with mercy to ensure proportionality among crime, liability, and punishment. In the process of punishing the crime of collusive bidding according to the law, the underlying principle of strict punishment was highlighted to remove the chain of profit for criminals by means such as imposing fines and recovering illegal income. In Case 4, Yuan [REDACTED] was sentenced to a fine in accordance with the law, and an order was made to recover the illegal income of 4 million yuan that he obtained from selling bids. In addition, when specific cases were tried, comprehensive consideration was given to the circumstances of the crime, the subjective malice of the defendants, and other relevant factors, and legal and policy resources were leveraged to ensure the accuracy and rationality of sentencing. In People v. Wang [REDACTED] and Wang [REDACTED] (collusive bidding), the defendants were granted suspended sentences, reflecting the adjudicative orientation of tempering justice with mercy and achieving an organic unity of legal and social effects. | | 三是落实宽严相济，确保罪责刑相适应。在依法惩治串通投标犯罪的过程中，突出从严惩处的总基调，通过判处罚金、追缴违法所得等手段“打财断血”，彻底铲除犯罪分子的利益链条。本次发布的典型案例4中，依法对袁某判处罚金，并判令追缴其通过卖标所得的违法收入400万元。同时，在审理具体案件时，综合考虑个案的犯罪情节、被告人的主观恶性等情况，充分运用法律和政策资源，确保量刑的精准性和合理性。在被告人王某甲、王某乙串通投标案中，对其二人宣告适用缓刑，体现了宽严相济的裁判导向，实现了法律效果与社会效果的有机统一。 |
| Fourth, leveraging judicial recommendations to deepen collaborative governance. To prevent issues, risks in bidding activities were reviewed during the hearing of cases of collusive bidding, and judicial recommendations were issued to industry authorities, reminding them of the high risks in stages such as qualification review, the design of bid evaluation rules, and the security of electronic bidding systems. When hearing a relevant case, the People's Court of Fuyang District, Hangzhou City, Zhejiang Province discovered weaknesses in the bidding supervision of the [REDACTED] authorities and immediately issued a judicial recommendation, which not only identified the problem but also proposed specific improvement measures. This practice promoted system governance by correcting errors through individual cases, joined forces to prevent and combat the crime of collusive bidding, and produced the effect of "handling one case, warning one area, and regulating one industry". | | 四是用好司法建议，深化协同治理。积极践行“抓前端、治未病”理念，在审理串通投标案件的同时，通过梳理招投标活动存在的隐患，向行业主管部门制发司法建议，提示资质审查、评标规则设计、电子招标系统安全防控等环节存在的高发风险。浙江省杭州市富阳区人民法院审理相关案件时，发现某主管部门在招投标监管中的薄弱环节，随即发出司法建议书，不仅指出问题，还提出具体改进措施，以个案纠错推动系统治理，形成了预防和打击串通投标犯罪的工作合力，实现了“办理一案、预警一域、规范一行”的良好效果。 |
| Next, the Supreme People's Court and the National Development and Reform Commission will adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guiding principle, thoroughly implement Xi Jinping Thought on the Rule of Law, and continue to deepen collaboration and coordination with disciplinary inspection and oversight, public security, procuratorial, administrative supervision, and other departments, strictly and lawfully punish illegal and criminal bidding activities, continuously advance bidding reform and innovation, foster a fair and competitive market environment, and provide strong support for the development of a unified national market and the promotion of high-quality economic and social development. | | 下一步，最高人民法院、国家发展改革委将坚持以习近平新时代中国特色社会主义思想为指导，深入贯彻习近平法治思想，持续深化与纪检监察、公安、检察、行政监督等部门的协作配合，依法从严惩处招投标违法犯罪活动，不断深化招投标改革创新，营造公平竞争的招投标市场环境，为建设全国统一大市场、推动经济社会高质量发展提供有力支撑。 |
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