A legal perspective of corporate compliance governance to collusive bidding in China
| Date | 30 May 2023 |
| Pages | 300-313 |
| DOI | https://doi.org/10.1108/JMLC-02-2023-0044 |
| Published date | 30 May 2023 |
| Author | Tingting Li,Mohd Zamre Mohd Zahir,Hasani Mohd Ali |
A legal perspective of corporate
compliance governance to
collusive bidding in China
Tingting Li and Mohd Zamre Mohd Zahir
Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Malaysia, and
Hasani Mohd Ali
Department of Law, Faculty of Law, Universiti Kebangsaan Malaysia,
Bangi, Malaysia
Abstract
Purpose –This studyaims to make some contribution to the process ofcorporate compliance governance in
China.
Design/methodology/approach –This paper adopts qualitative method, literature research, case
analysis and comparative methods to explore the Chinese compliance governance model in the field of collusive
bidding crimes.
Findings –In the process of criminalprosecution of enterprises suspected of committingcrimes, the judicial
authorities should promote the restoration of normal production and operation of corporate enterprises by
promoting the construction of corporate compliance, which is conducive tosolving the difficult problem of
attribution of collusive bidding crimes.In addition, corporate compliance under prosecutorial supervision is
also conduciveto optimizing the regulatory path of collusive biddingand achieving more effective prevention
and control of unit crimesin the mode of co-regulation between the state and corporate.
Originality/value –Compliance governancecorporate crime is at a nascent stage in China, and this study
seeks to provide some reference for future compliance review governance in China throughthe analysis of
specific businesscrime cases.
Keywords Compliance governance, Collusive bidding, Prosecutorial supervision,
Corporate compliance, China
Paper type Research paper
1. Introduction
With the development of China’s market economy, bidding activity has become an
organized market transactionoften used in construction projects or large-scale procurement
activities of government and enterprise institutions, and it is one of the common ways of
market competition and has gradually become an important part of themarket competition
mechanism (Qi, 2015). But collusive bidding crimes have occurred repeatedly. Public
information from the Supreme People’s Procuratorate shows that from June 2019 to June
2022, the procurators office prosecuted more than 2,300 collusive bidding cases involving
more than 7,000 people (Chi et al., 2020). Collusive bidding is designed to undermine fair
The authors would like to thank the Ministry of Higher Education (Malaysia) and Universiti
Kebangsaan Malaysia (UKM) for providing the research funding under UU-2021–012, UU-2021–013
and GGPM-2021–041. Special appreciation to the research group member and students of Faculty of
Law, UKM and Janabadra University on your expertise and contribution.
JMLC
27,2
300
Journalof Money Laundering
Control
Vol.27 No. 2, 2024
pp. 300-313
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-02-2023-0044
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/1368-5201.htm
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