Causes And Prevention Countermeasures Of Duty Crime In Engineering Construction Field

With the sustainable development of China’s economic construction and social progress, Chinese government makes large-scale investments in infrastructure which leads to the upsurge in agriculture, traffic, energy, water conservancy, industry and public facilities. Construction industry is in rapid development, especially the real estate industry, making the construction market prosperous. However, the characteristics of engineering construction provide great convenience for corruption which include the huge capital investment, long period of construction, the complicated examination and approval process, and inadequate restriction and supervision. At the same time, due to the large profit margin, fierce and disorder market competition, some companies or individuals adventure to offer bribes to relevant departments and staff in order to seek illegal interests and duty crime in engineering construction field has become serious and rampant. Based on the existing social phenomenon in construction market and the relative data and specific cases, the thesis makes a thorough and detailed analysis on the characteristics of duty crime in engineering construction field, especially focusing on the recent years’ development as well as puts forwards prevention countermeasures according to the present problems.The main content of the paper contains four chapters. The first chapter is introduction and chapter two outlines the duty crime in engineering construction field mainly about the origin of duty crime, the definition of engineering construction and the concept of duty crime. The third chapter describes the phenomenon of duty crime including 11 aspects, namely, the administrative examination and approval of the project, demolition, tendering, contract construction, engineering design, construction management, material procurement, payment and settlement, completion inspection and acceptance, public supporting utilities and life cycle of construction project. Chapter four probes into the five causes of engineering construction duty crime from the subjective and objective perspective.The subjective causes falls into five aspects, the strong desire and the way to meet the need, character flaws and the lack of inhibition, criminal intention stimulated by external factors, criminal motive and purpose, and deep psychological activities. The objective reasons contains "hidden rules" boosted by the intense market competition, imperfect laws and regulations, concentration of power and unscientific configuration leading to the black-box operation, the lack of effective supervision, the low cost of illegal crime due to small crime risks and inadequate punishment force. Chapter five focuses on prevention countermeasure research of duty crime. The author discusses the management system reform, perfect management system, industry legislation, penetration of prosecutorial function, prevention mechanism innovation and the construction of socialization prevention system to explore multi-channel and multi-level prevention, supervision and handling mechanism which effectively restrain duty crime in the engineering field. The conclusion makes a concise summary of the research work and proposes prospect.The thesis reflects on existing problems in engineering construction industry on the basis of the research on duty crime’s causes and countermeasures and puts forward effective suggestions to perfect engineering construction laws.