Study On Preventing Duty Crimes In The Engineering Construction In China From A Common Perspective

As a new kind of duty crime, the duty crime in the field of engineering constructions covers nearly all the basic procedures of a construction project, ranging from project approval, field survey, design, construction, supervision, tendering and bidding of important equipment and materials, formation of project investment, budget, and final accounting, to signing of contract, item payment, project quality supervision, authentication, inspection and acceptance of the project. In that case, crimes of that type get various departments involved with features of large amount of illegal money, high concealment and multiple channels of incidence of crimes, and what worse, that will generate severely harmful consequences, which not only affect the project quality, cause great economic losses of the nation and people, but also taint the image of the Party and the government. Therefore, it is imperative to prevent duty crimes of engineering construction.The value of this paper lies in its common perspective in studying duty crime, i.e. to discuss the specific issue of the duty crime in the engineering construction by using some common theories on duty crime, since that issue is an aspect of duty crime in general term and the some basic theories on the latter one can be applied to the topic in this paper. Of course, in consideration of some unique features of crimes in engineering constructions, the author will also make some necessary introductions. This paper is composed of four chapters:In ChapterⅠ, the author will call the attention to the necessity of preventing duty crime prevention in the engineering construction. This chapter begins with a discussion on the nature and harm of duty crime from a common perspective; then the specific hazards of duty crime in the field of construction and the existing prominent problems in the field of engineering construction in China are introduced. The above two aspects form into a combination of universality and individuality, which is effective for pointing out the importance of strengthening the prevention of duty crimes in the engineering construction.ChapterⅡis an analysis on the reasons for duty crimes in the engineering construction in China. First, the author makes a general introduction to related theories and opinions on the formation of duty crimes. Then reasons exclusively to the occurrence of duty crime in the engineering construction are analyzed, which is consisting of two parts:the micro level and the micro level. The macro level mainly discusses economic benefit drive, overuse of the political power, the leftovers of concepts of feudal privileges in Chinese culture, and western capitalist vigorous culture like money worship, the imperfection of legal system and low cost of breaking rules; micro level mainly refers to that staff in related positions do not care about the self-correction of wrong values, have weak awareness as a civil servant, or encounter some psychological erroneous zone.ChapterⅢis a historic review and overseas study on the duty crime prevention. This chapter introduces experience on preventing duty crimes from two aspects:one is a review of preventative methods applied by various dynasties in ancient China; the other is a comparative analysis of practices of other countries (regions) in fighting against duty crimes. Duty crime is a common scene in both China and overseas, whether it is in modern or ancient times. Through such historic analysis and comparative analysis, the feasible preventative experiences and practices can be summed up, which may benefit China's duty crime prevention work.Chapter IV is concerned about the deficiency and improvement of in preventing China's duty crimes in engineering construction. This chapter is also conducted from the common angle—an application of duty crime from the general perspective to the engineering construction field. First, current drawbacks in duty crime prevention work in China are analyzed; then targeting on the problems and combining the causes of the duty crimes as discussed before, the author puts forward some measures to improve preventative work, and also introduces some prevention mechanism especially catered to the field of engineering construction.