Causes And Prevention Of Duty Crime In Construction Engineering

In recent years, with the continuous growth of the national economy, the engineering construction scale extends continuously and the building industry develops quickly. As a result, a large quantity of industrial, social fundamental facilities and public buildings have been set up, which contributes greatly to changing the visage of urban and rural areas, raising the people's living standard, strengthening the comprehensive national strength etc. At the same time, there still exist some problems in engineering construction items such as house building, city planning, transportation, water conservancy etc. ,and in the examination and approval, investigation, design, construction, management, bidding of important equipments and materials, investment budget, final accounts establishment, contract signing and payment of money, engineering quantity supervision, attestation, check before acceptance etc. of engineering construction items. Crime phenomena such as corruption and bribery, defalcation, practice favoritism and embezzlement, dereliction of duty exist in some places and units, of which some are very serious and cause great loss to the nation and the people's benefits. Currently the job crime in the realm of engineering construction is one of the high-rate job crimes in our country and the prevention and reduction of this kind job crime is a very urgent problem to be resolved .In order to standardize the main body behavior of the construction market, to prevent and reduce job crime ,our country enhanced the lawmaking and inspection in the field of construction. But just as what Yaobing, the leader of the discipline inspection team authorized by the central discipline inspection committee in construction ministry, said at the national inspection department duty crime prevention experience exchange meeting, there are different reasons for the illegal phenomena in the field of construction. The essence of such phenomena is that some people are driven by their own profits, the main reason is that the lawmaking in this field can not catch up with the development of the construction industry, another reason is that the management and supervision in this field in not enough. So it is a very realistic and necessary task to prevent job crime in the field of construction. This paper aims at the solution of the above-mentioned problem. According to his experience in the teaching and practice of the engineering construction management, combining his professional knowledge of law, from several angles such as criminal law, management and economics the writer analyzed the features, the main types of duty crime in the field of construction. He also discussed about how to prevent such kind of crime, how to establish suitable systematic, technical and law regulations. The paper tries to offer some suggestions on how to prevent and reduce the job crime in the field of construction, which has great influence on the benefits of the nation and the public. This thesis is consists of five chapters: The first chapter named general description of duty crime in the field of construction. Emphasized three conception related to the thesis: construction project, criminal acts of abusing authority, defend the criminal acts of abusing authority .The construction project is consists of civil engineering ,building project, piping project ,erection works and decoration works . In the second chapter, the author discusses duty crimes from such aspects as the criminal subject,criminal object,modes of criminal behavior and characteristics of criminal behavior .According to the criminal object of duty crime ,it can be classified corruption and bribe duty crime ,misprision duty crime and infringe right of the person and democracy duty crime . The criminal subject of this kind of crime major including civil servant of land planning, design, tendering, execution, security, fire protection ,quality control department .The characteristics of crime are generalization of bargain between authority an money, the sum involved is broaden ,the diversification of crime subject and symbiosis . The third chapter, the reasons of the duty crime in the realm of engineering construction. First, the paper discusses about the easily-occurredareas of such kind of crime ranging from the planning and designing, bidding, material purchasing, constructing, quality management to final accounts and settlement of the project. Second, the paper analyses the main reasons of such kind of crime including the fierce illegal competition led by the buyer market in building industry, the current laws not being effectively carried out, some of the party members' inflated personal desires, breaking the laws, insufficient punishments and lack of prevention etc. Chapter four, the technical prevention of duty crime in the realm of engineering construction. The paper discusses about the valid measures of preventing duty crime from the field of engineering construction, mainly illustrates the establishment of tangible building market and the widely use of the project amount inventory valuation mode. Tangible building market (namely construction project trade center, hereinafter referred to as the market of tangible building) approved by responsible department of the government, is the place which provides service for the trade activity of construction project. The practice has proved that setting up tangible building market is a beneficial measure to try. This measure plays a very important role in keeping the construction project trade transparent, strengthening the supervision and management of the trade activity of construction project, preventing the corrupt behavior of engineering construction field from source. Project amount inventory bidding refers that the bidding units have to work out a detailed project amount inventory following the state "valuation norm". And as a part of the whole project bidding documents, the inventory has to be handed out to the bidders. Then the bidders, combining their own condition and the practical situation of the constructing situation, work out the plan of the organization of the construction. Adequately considering the risk and the market competition, the bidders also quote their price of the bidding voluntarily. The bidding price should follow low and reasonable principle. The fifth chapter named the vital roles procuratorial organization played during defend the duty crime .Points out that prosecutorial organization defend duty crime is a very important part of the defend system .The right of procuratorial organization to defend crime is based on the legal supervision .The preventive measures including build prevent system and...