What responsibility does fraud bear?

1. What is the responsibility for fraud?

1, fraud should bear legal responsibility, specifically:

(1) Compensation for losses. If the fraudulent acts of bidders cause losses to the tenderee, they shall be liable for compensation according to law;

(2) investigate criminal responsibility. If the circumstances of a bidder's fraudulent bid-winning behavior are serious and constitute a crime, he shall be investigated for criminal responsibility according to law;

(3) fine. The bidder, the person in charge who is directly responsible for the bidding unit and other directly responsible personnel shall be fined.

2. Legal basis: Article 223rd of the Criminal Law of People's Republic of China (PRC).

Crime of colluding in bidding Bidders who collude with each other in bidding quotation and damage the interests of the tenderee or other bidders, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.

Bidders and tenderers who collude in bidding and harm the legitimate interests of the state, collectives and citizens shall be punished in accordance with the provisions of the preceding paragraph.

Second, what are the constitutive elements of the crime of colluding in bidding?

1, object element. The complex object infringed by the crime of collusive bidding not only infringes on the legitimate rights and interests of other bidders or the state and the collective, but also infringes on the free trade and fair competition order of the socialist market economy. Bidding is a way of market transaction, which is usually used in the sale of bulk commodities or the construction of large-scale construction projects. This is an activity in which bidders put forward their own prices and corresponding conditions according to the conditions of the tenderer, and make a list and send a letter to the tenderer. In a certain period of time, the owner will call all the bidders to open the bids on site, and choose the one with the best quality and the most cost-effective price as the winning bidder, and then the tenderer will sign a contract with them for trading. Bidding has the nature of offer;

2. objective factors. The crime of collusive bidding is objectively manifested as collusive bidding. The so-called collusive bidding refers to the behavior of restricting competition in violation of relevant procedures in the bidding process. Specifically, it refers to the behavior that bidders collude privately to raise or lower the bid price, which harms the interests of the tenderee or other bidders, or that bidders collude with the tenderee to harm the legitimate rights and interests of the state, collectives and citizens.

3. Main elements. As far as the tenderer is concerned, the subject of the crime of collusive bidding is a special subject, while as far as the bidder is concerned, it is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of colluding in bidding. Units can also become the subject of the crime of colluding in bidding. If a unit commits the crime of colluding in bidding, it shall be punished with two penalties, that is, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be investigated for corresponding criminal responsibility. The crime of collusive bidding belongs to * * * accomplice, and the bidder or tenderer who constitutes the crime of collusive bidding is the actor of * * * accomplice. Actors can be divided into principal and accessory, but there are no instigators and coerced accomplices.

4. Subjective factors. Subjectively, the crime of collusive bidding must be intentional, that is, knowing that one's collusive bidding behavior will harm the interests of the tenderer or other bidders, but still determined to do so, and hoping or letting this harmful consequence happen. Negligence cannot constitute the crime of colluding in bidding, and its motives can be varied, some of which are to obtain illegal benefits for winning the bid; Some in order to crowd out and frame other bidders; Some are out of loyalty; Some are because of feelings; Some are infatuated with women; However, whatever the motive, it does not affect the establishment of the crime of colluding in bidding.