Engineering Construction Field Of Administrative Law Enforcement Misconduct Risk And Prevention

At present,the phenomenon of dereliction of duty field of construction of administrative law enforcement field of our country is on the rise,the cause of the construction field of administrative law enforcement cases of dereliction of duty rise on the one hand is the procuratorial organs attach importance to the construction of administrative law enforcement in the field,on the other hand,construction of law enforcement in the field there are many loopholes in the system.But at present,the systematic research on the crime of dereliction of duty in the field of administrative law enforcement is still very short,and the theoretical research is not enough.Therefore,it is of practical and theoretical value to study and put forward preventive measures on the risk of malfeasance of administrative law enforcement in the field of engineering construction.Taking the administrative enforcement system in the field of engineering construction as a breakthrough,this paper discusses the concept,manifestation and causes of malfeasance in engineering construction,and puts forward some preventive measures.Through systematic theoretical research and empirical analysis,the risk of dereliction of duty is reduced to a minimum.There are four parts in this paper.The first part is an overview of the administrative law enforcement dereliction of duty in the field of engineering construction.First of all,the administrative law enforcement of China’s engineering construction is summarized.This paper analyzes the basic concepts and characteristics of the administrative law enforcement of engineering construction,and introduces the basic contents of the administrative law enforcement of engineering construction and the current setting of the subject of law enforcement.Then it analyzes the concept of malfeasance in administrative law enforcement,focusing on the distinction between the criminal law and the administrative law on the part of malfeasance.The second part discusses the specific forms and causes of the administrative law enforcement malfeasance in the field of engineering construction.It firstly analyzes seven forms of construction of law enforcement personnel dereliction of duty,namely illegal payment of building construction permits,administrative penalty discretion,administrative inspection is not serious,the failure of the project qualified project acceptance,refusing to hand over criminal cases.Then the reason of dereliction of duty of the six aspects of the project construction is summarized,the administrative law enforcement system errors,construction inspection of administrative law enforcement system is not perfect,construction discretion defects,construction administrative law enforcement personnel quality is not high,the lack of law enforcement personnel to save construction field in illegal motive and criminal malfeasance on.The main content of the third part is the concrete measures for the prevention of malfeasance in the field of administrative law enforcement in the field of engineering construction.It includes establishing Ke Xu’s administrative law enforcement system for engineering construction,regulating the behavior of administrative enforcement of law in engineering construction,regulating the supervision mechanism of administrative law enforcement in engineering construction,strengthening the construction of administrative law enforcement team in engineering construction,and perfecting the five aspects of research on malfeasance in the field of Engineering construction in criminal law.