| Summary: | 碩士 === 國立中正大學 === 法律學研究所 === 100 === Abstract
Government procurement involves the huge business opportunity, its profit is often coveted by unworthy manufacturer, and in the drawback that government procurement produces, most by enclosing and marking crimes emerging in behavior. Because of it, our country while making the law of purchase of the government, belong to fair play originally especially law the norm will be enclosed and marking the behavior, bring into penalty clause chapter of this law, and the 87th norm of Israel, this France, encloses and marks the behavioral punishment important document. But the norm that can accord with the law of purchase of the government when the manufacturer is in order to join and marks, often join and mark to others ' borrow the card ', use to accord with the requirement which has reached three manufacturers of calling for bid for the first time, also increase the chance to have one's tender accepted at the same time, it thinks this measure just wants to obtain the marking case and have no intention of the crime simply, examine, investigate, obtain but cheat the skill to enclose with the intersection of law and 87th item 3 this and mark the crime to prosecute often, wait till, accord with, declare to court innocent with often try, cause Yu MinGuo to increase the regulation definitely ' borrow the card and enclose and mark the crime ' in item 5 of this string while repairing the law in 91 years. This text it thinks to be if simple to borrow card, join, mark, namely construct with punish, have, violate the intersection of criminal law and ' modest to restrain the principle ' supposition probably while being criminal.
This text studies and encloses the criminal offence that is marked as the centre with article 87 of the law of purchase of the government, and punish it to stipulates and is near the comparative analysis of various countries, hope to look for out and reduce and enclose the method to mark crime from it, at least can make, enclose, mark behavior, reduce to social hostile than strong violence, if can prevent enclosing and marking the criminal offence to control the measure with the administration, how could have reason not used, only utilize the penalty norm while having no other way out after using up all means and methods, is not this exactly a supreme guideline of criminal law? Because of it, this text thinks the so-called ' administrative criminal law ' of ' penalty clause ' of the law of purchase of the government, every behavior used and is punished criminally, belong to the criminal and illegal criminal, but not the administration makes; In order to avoid the question of ' the loose disease of subsidiary criminal law ', enclosing the behavior of marking the crime relevantly should return to the norm of criminal law. Hope the research of making use of this text develops a little contribution to law of purchase of the government. So this text, to borrowing the card and accompanying and marking the crime of the 87th item 5 of law of purchase of the
government, propose revising clauses as follows, offer reference:
87 piece item 5 ( Borrow the card and join and mark the crime)
The intention influences purchasing the result or can not obtain strought the interests, but use others' name or certificate bidder, sentence to the fixed-term imprisonment under three years, must combine fine of under department's new Taiwan dollar of 1 million yuan. It permit use others one's own name or certificate last bidder,also and. But can prove it has belonged to good will or already done to the person who tells obligation, is not subject to the limits.
Keyword: The intersection of government and law of purchase, enclose, mark, borrow card enclose, mark and violence enclose mark, cheat skill enclose and mark
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