我国工程建设领域职务犯罪研究

发布时间：2018-03-19 09:29

本文选题：职务犯罪　切入点：工程建设领域职务犯罪　出处：《湘潭大学》2006年硕士论文　论文类型：学位论文

【摘要】： 近年来,工程建设领域的职务犯罪问题日趋严重,该领域成为我国开展职务犯罪预防工作的八个重点领域之一。因此,研究工程建设领域的职务犯罪现象,分析其产生原因,探讨预防和打击这类职务犯罪的基本对策,有着重要的现实意义。工程建设领域职务犯罪具有犯罪发生率高、犯罪类型多样、权钱交易普遍、大案要案居多、作案手段隐蔽、共生性质明显、招投标是犯罪重要环节的显著特点。犯罪原因具有个人原因和社会原因。在简要分析个人原因后,重点分析该领域职务犯罪的社会原因。首先,管理制度存在缺陷,漏洞多而监督少,让人有机可乘。其次,高额的建筑利润诱使无序竞争,建筑商引诱低收入的公职人员实施职务犯罪。第三,对违法犯罪行为查处力度不够,导致有人敢于以身试法。针对以上原因,着重提出三大防范对策:一是通过改革工程建设管理体制,着力健全招标投标制度,加强对建筑市场的管理,全面监督公职人员行为等措施,强化监督制约机制,使得公职人员不能实施职务犯罪。二是通过逐步提高公职人员待遇,建立廉政奖惩机制等途径,建立利益导向机制,引导公职人员不想实施职务犯罪。三是通过修订相关法律法规和及时查处违法违规行为,加大侦查惩治力度,致使公职人员不敢实施职务犯罪。在防范对策中提出了如下新见解:改革“四位一体”的工程建设管理体制,成立一个负责工程管理的专门机构;评标委员会成员从专家库里临时、随机抽取;改革公职人员工资体系,新增“浮动工资”;建立廉政奖惩机制;完善“挂靠”等其他违法者的个人责任和串通投标罪的立法。
[Abstract]:In recent years, the problem of job-related crime in the field of engineering construction has become more and more serious, and this field has become one of the eight key areas for the prevention of job-related crimes in China. Therefore, the phenomenon of job-related crimes in the field of engineering construction is studied and the causes are analyzed. It is of great practical significance to probe into the basic countermeasures to prevent and combat this kind of duty crime. In the field of engineering construction, job-related crimes are characterized by high incidence of crime, diverse types of crimes, widespread trading of power and money, large and important cases, hidden means of committing crimes, obvious symbiotic nature, and bidding is a significant feature of the important links of crime. There are personal and social reasons for the crime. After a brief analysis of the individual reasons, the emphasis is on the analysis of the social causes of duty crime in this field. First, there are defects in the management system, and there are many loopholes and less supervision, which is an opportunity for people to take advantage of. The high construction profit induces the disorderly competition, the builder induces the low income public official to carry out the duty crime. Third, the investigation and punishment of the illegal crime is not enough, which leads to some people dare to try the law. In view of the above reasons, this paper puts forward three countermeasures: first, through reforming the management system of engineering construction, strengthening the management of the construction market and supervising the behavior of public officials, and so on, Strengthening the supervision and restriction mechanism, so that public officials cannot carry out job-related crimes. Second, by gradually improving the treatment of public officials, establishing a mechanism of rewards and punishments for a clean and honest government, and so on, establishing a benefit-oriented mechanism. To guide public officials not to commit job-related crimes. Third, by revising relevant laws and regulations and promptly investigating and punishing violations of the law and regulations, and increasing the intensity of investigation and punishment, As a result, public officials dare not carry out job-related crimes. In the prevention countermeasures, the author puts forward the following new opinions: reforming the "four-in-one" management system of engineering construction and establishing a specialized organization responsible for project management; The members of the bid evaluation committee are temporarily and randomly selected from the pool of experts; the salary system of public officials is reformed and "floating wages" are added; the mechanism of reward and punishment of a clean government is established; and the legislation on the individual responsibility of other violators such as "depending on" and the crime of colluding in bidding is improved.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D917

【引证文献】