Research About The Control Mearsures On The Dereliction Of Duty On Chinese Welfare-Enterprise

Welfare-enterprise, one of the long-history public policies in China, is extremely important for the development of a stable and harmonious society and the progress of the country. Welfare-enterprise policy is an important and effective social policy since the enterprises can focus on employment for the disabled and promote full-employment dispersedly for the disabled community. It is a place, for the main purpose of employment to people with disabilities, who have some ability to work with the labor requirements, with a special corporate social welfare nature. And it is to uphold the disabled, the poor and to implement the scientific concept of development.In recent years, the aspect of supervision on welfare-enterprises is derelict high, which damage the property of the state and the people seriously. It brings a very bad effect on the party and the government, with a high degree of political dangers. According to analyze the practice o the criminal dereliction case, it is founded that the dereliction of supervision on welfare-enterprise occurs mainly in the qualification review of welfare-corporate and the audit of tax rebate part. The main mode is dereliction of duty. It is even implicated wide diffusion of responsibility, easily lead Joint Crime. Since the discretion of punishment is not in the state of fitting the responsibility of criminal suit and individual penalty, with the defectiveness of special lawmaking on the supervision of welfare-enterprises, the penalty can not achieve the value pursuit of deterrence, prevention and education. While, the legal supervision on regulatory aspects of welfare-enterprises is not comprehensive,"preventive and profound enough, which leads to the prevention policies of the welfare-enterprises supervision dereliction are lack of effectiveness, functionality and value. Meanwhile, between Civil Administration and Tax Administration, it is short of effective communication and mutual supervision mechanism. And their staff, also called the enforcers, who are charge of supervision of welfare-enterprises are not strict in law enforcement, weak in law-abiding awareness, dislocated in values. At the same time, most of the disabilities are weak in legal awareness. They do not want to use legal methods to protect their own interests. This is one of the reasons that supervision on welfare-enterprises is derelict high.Based on China’s specific national conditions and combining with the state of crime prevention of welfare-enterprises supervision of dereliction, the paper is mainly from the angle of correcting penalty uniform, strengthen prevention of the law efforts on welfare-enterprises supervision. And this paper sets measures from thoughts and institutions to prevent the occurrence of the dereliction of supervision on welfare-enterprise and to achieve anti-corruption in the legal, institutional and ideological as follows: First, it needs to step up making the special legislation to give the prevention of welfare-enterprises supervision dereliction enough legal support; Second, to enhance the legal supervision on welfare-enterprises supervision comprehensively, preventively and profoundly. Prosecutors’ legal supervision should be prior and preventive by making sentencing recommendation. And discretion of the Court should be restricted procedurally to ensure the conviction and the sentencing of the welfare-enterprises supervision dereliction is right and precision; third, Civil Administration and Tax Administration should establish effective communication and mutual supervision mechanism to prevent corruption from of civil affairs department of corporate supervision and tax benefits of effective from the thoughts and systems; fourth, strengthen the legal awareness of disabilities makes them clearly about their own values and national policy support. By refusing the illegal trade of disability certificate to avoid enterprises use them getting benefits defrauded. Only in that way, it can contribute to country’s development and social harmony and stability. Welfare-enterprise, as the main way to solve the employment of disabilities, is an extremely important public policy. So its implementation is successful or not having a very important influence on the harmony and the stability of our society. However, due to the welfare-enterprises policy’s complex, the prevention of the welfare-enterprises supervision dereliction requires effective communication and mutual supervision among Civil Administration, Federation of the Disabled and Tax Administration. It also needs the legislature, prosecutors and judicial give the appropriate support from the perspective of criminal law, to punish and educate the suspects of welfare-enterprises supervision dereliction. At the same time, to deter and warn potential benefits of welfare-enterprise supervision dereliction. From the prevention and the controlling, this paper try to give advise to make precaution on welfare-enterprise supervision dereliction by innovating mechanism and social management. To ensure the welfare-enterprises policy being carried out smoothly can resolve more social conflicts, enlarge the social harmony factors and make a stable social order, promote the development of the country progress.