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【法治之眼】 破解串通投标,需打破地方保护与行业潜规则
Zheng Quan Shi Bao· 2025-05-19 18:02
Core Viewpoint - The article highlights the increasing complexity and organization of bid-rigging crimes, which disrupt the bidding market and harm legitimate business interests [1][2]. Group 1: Characteristics of Bid-Rigging Crimes - Bid-rigging crimes are characterized by a diversification of perpetrators, covert methods, and organized crime networks [1]. - Notable cases reveal blatant illegal activities, such as threats to other bidders and collusion among bidding agents, indicating local power dynamics at play [1]. - The bidding market in certain regions resembles a "familiar economy," where local firms form alliances that disadvantage external competitors, regardless of their qualifications [1]. Group 2: Underlying Issues and Mechanisms - The institutionalization of industry "hidden rules" is a significant issue, with tailored bidding parameters and bribery of evaluation experts being common practices [1]. - A complete "interest distribution" mechanism exists, where bidding parties receive kickbacks, agents earn fees, and participating firms receive "hardship payments," creating a distorted ecosystem [1]. - Law-abiding companies are marginalized, facing a "bad money drives out good" scenario [1]. Group 3: Proposed Solutions - Breaking the current deadlock requires more than judicial action; a unified national bidding credit system is essential to eliminate local protectionism [2]. - There is a need to regulate "red-top intermediaries" and sever the profit-sharing chains [2]. - Promoting industry self-regulation and establishing a "blacklist" system for violators can impose significant credit penalties on those involved in bid-rigging [2]. - The release of typical case studies signals a positive shift, indicating that judicial authorities recognize the need for case-by-case regulation [2].