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What is the crime of colluding in bidding? What are the characteristics?
The crime of colluding in bidding mainly includes two categories: bidders colluding with each other and bidders colluding with the tenderee, which has the following manifestations: (1) bidders colluding with each other: 1, and bidders agree to raise the bid price; 2, mutual consultation between bidders, reduce the tender offer; 3. It is agreed between bidders that in similar projects, the bid will be won at high price or low price in turn. (2) Bidders collude with the tenderee in bidding: 1. The tenderer intentionally discloses the pre-tender estimate; 2, the tenderer's private bidding leaked; 3. The tenderer intentionally guides others to win the bid; 4. Differentiated bidding; 5. The tenderer intentionally lets the unqualified bidders win the bid; 6. Bribery to the bidder to obtain secrets, that is, the bidder obtains the bidder's quotation or other bidding conditions from the tenderer by bribing before the public bid opening; 7. The bidder pays compensation to the tenderer or the tenderer pays compensation to the bidder. According to Article 223 of the Criminal Law of People's Republic of China (PRC), bidders who collude with each other in bidding and quotation and harm 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.
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