It is forbidden to accept bribes in construction project contracting?

The contractor and its staff shall not accept bribes, kickbacks or ask for other benefits in the construction project contracting. The contractor and its staff shall not use improper means such as bribing the contractor and its staff, giving kickbacks or other benefits to undertake the project.

Explain that this article is about prohibiting bribery (including offering or accepting kickbacks or other illegal benefits) in construction project contracting.

1. The contracting out and contracting of construction projects are market transactions and should be conducted in accordance with legal market trading rules. The contracting and contracting of most construction projects should be carried out in accordance with the principles of openness, fairness and justice, so as to give full play to the role of market competition mechanism. A few construction projects that are not suitable for contracting by tender should also be directly contracted by the employer and the contractor in accordance with normal trading rules. In the contracting and contracting activities of engineering construction projects, any form of bribery is a serious violation of market trading rules and undermines the normal market economic order, and must be resolutely prohibited.

Judging from the actual situation in China, the supply of construction market exceeds demand, and more than 30 million employees are looking for food in the construction market. The competition is fierce. In this case, some contractors and their staff used their power to contract projects to ask for and accept bribes, kickbacks or other benefits from contractors; Some construction enterprises, contractors and contractors use unfair competition means such as bribing the employer or its staff, giving kickbacks or other benefits to undertake projects, which seriously disrupts the normal order of the construction market and induces a large number of economic crimes, making the field of construction project contracting a high incidence of economic crimes. In recent years, in some areas, more than one third of bribery cases occurred in the field of engineering construction contracting, and some areas even reached 70%. According to statistics, since 1994, among the10142 bribery cases investigated and dealt with by the national procuratorial organs, 64,270 cases occurred in the construction field, accounting for 63.5%; In 1995, bribery cases involving the construction industry are higher, accounting for 88.6% of all bribery cases investigated. At present, most construction projects in China are built with state-owned funds, and the employer and contractor collude with each other to accept bribes, which makes the state-owned construction funds fall into personal pockets and causes a large loss of state-owned assets. Some contractors who don't have the corresponding qualifications contract projects by bribery and other means. Because they don't have the corresponding technical conditions, they shoddy and cut corners, causing serious hidden dangers in project quality and even vicious accidents, which have caused great losses to the life and property safety of the country and people. In China's anti-unfair competition law and other laws, bribery and kickbacks in market transactions have been explicitly prohibited. In the case that bribery is also a criminal act in the criminal law, it is still of great practical significance to reiterate the prohibition of any form of bribery in the contracting and contracting activities of construction projects in the construction law.

Second, the meaning of "kickback" mentioned in this article is the same as that stipulated in Article 8 of the Anti-Unfair Competition Law, which means that one party to a transaction secretly gives the other party a certain amount of price discount outside the account, so that the actual price that the other party should pay is lower than the price listed in the book. Article 8 of the Anti-Unfair Competition Law stipulates: "An operator shall not bribe the sale or purchase of goods by property or other means. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; If the other unit or individual secretly accepts kickbacks outside the account, it shall be punished as bribery. " Articles 163, 164, and 385 to 387 of the newly revised Criminal Law of China respectively stipulate the criminal acts of asking for bribes, accepting bribes and offering bribes by companies, enterprises or their staff, as well as state-owned units or state staff.

In practice, the "other benefits" mentioned in this article take many forms, such as secretly giving and receiving information fees, consulting fees, labor fees, giving precious gifts, inviting people to go abroad for "inspection", and even using pornographic bribes. In the contracting and contracting activities of construction projects, it is forbidden by law to accept and provide these benefits, and offenders will be investigated by law.

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd