建筑工程领域职务犯罪防治
发布时间：2018-10-25 18:55
【摘要】： 随着我国经济建设和社会发展步伐的加快，各地的建筑行业得到了前所未有的发展。但是，，建筑工程领域红火的同时也伴随着职务犯罪的高发，选择这样一个课题进行研究无疑具有现实意义。本文拟从犯罪学的角度，运用行为经济原则等理论对建筑工程领域职务犯罪的特点、原因及其防治进行分析，以期对控制该类职务犯罪有所裨益。 结合有关的数据统计和具体案例进行分析，建筑工程领域职务犯罪具有权钱交易普遍、犯罪金额趋大、犯罪手段多样化、行规性、隐蔽性、共生性等特点，并往往伴随着严重的工程质量问题；犯罪运行主要存在于规划设计环节、招标投标环节、材料采购环节、施工环节、质量监督监理环节、决算结算环节、留守环节等七个环节之中。究其原因，有行业竞争激烈、私欲膨胀、缺少监督、管理混乱、打击不力等方面的因素。建筑工程领域职务犯罪的防治需要各部门齐抓共管，也应该有很多种方法。本文着重就检察机关如何发挥其预防和打击的职能作用来控制建筑工程领域职务犯罪的蔓延进行讨论，同时还提出有必要进一步完善立法，赋予检察机关更多的职能和手段，通过对追诉职务犯罪进行成本核算、提高检察机关行使公益诉讼的可操作性、加重对巨额财产来源不明罪的量刑、引入证人的交易豁免等手段，更好地打击职务犯罪。
[Abstract]:With the acceleration of economic construction and social development in China, the construction industry has been unprecedented development. However, with the high incidence of job-related crime in the field of construction engineering, it is undoubtedly of practical significance to choose such a subject to study. From the point of view of criminology, this paper analyzes the characteristics, causes and prevention of job-related crime in the field of construction engineering by using the theory of behavioral economy, so as to be of benefit to the control of this kind of job-related crime. According to the relevant data, statistics and specific cases, the crimes committed in the field of construction engineering are characterized by the widespread trading of power and money, the increasing amount of crime, the diversification of criminal means, the regularity of the industry, the concealment, the symbiosis, and so on. And often accompanied by serious engineering quality problems; Criminal operation mainly exists in seven links, such as planning and design, bidding and bidding, material purchasing, construction, quality supervision and supervision, final accounting and settlement, and staying behind. The reasons include fierce competition, lust expansion, lack of supervision, management confusion, weak crackdown and so on. The prevention and cure of duty crime in the field of construction engineering need all departments to work together, and there should be many methods. This paper focuses on how the procuratorial organs exert their functions of preventing and attacking to control the spread of job-related crimes in the field of construction engineering, and at the same time puts forward the need to further improve the legislation and endow the procuratorial organs with more functions and means. Through the cost accounting of the prosecution of duty crime, improving the maneuverability of procuratorial organs to exercise public interest litigation, increasing the sentencing of the crime of huge amount of property of unknown origin, introducing the transaction exemption of witnesses, and so on, we can better crack down on the duty crime.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D917.6
本文编号：2294538
[Abstract]:With the acceleration of economic construction and social development in China, the construction industry has been unprecedented development. However, with the high incidence of job-related crime in the field of construction engineering, it is undoubtedly of practical significance to choose such a subject to study. From the point of view of criminology, this paper analyzes the characteristics, causes and prevention of job-related crime in the field of construction engineering by using the theory of behavioral economy, so as to be of benefit to the control of this kind of job-related crime. According to the relevant data, statistics and specific cases, the crimes committed in the field of construction engineering are characterized by the widespread trading of power and money, the increasing amount of crime, the diversification of criminal means, the regularity of the industry, the concealment, the symbiosis, and so on. And often accompanied by serious engineering quality problems; Criminal operation mainly exists in seven links, such as planning and design, bidding and bidding, material purchasing, construction, quality supervision and supervision, final accounting and settlement, and staying behind. The reasons include fierce competition, lust expansion, lack of supervision, management confusion, weak crackdown and so on. The prevention and cure of duty crime in the field of construction engineering need all departments to work together, and there should be many methods. This paper focuses on how the procuratorial organs exert their functions of preventing and attacking to control the spread of job-related crimes in the field of construction engineering, and at the same time puts forward the need to further improve the legislation and endow the procuratorial organs with more functions and means. Through the cost accounting of the prosecution of duty crime, improving the maneuverability of procuratorial organs to exercise public interest litigation, increasing the sentencing of the crime of huge amount of property of unknown origin, introducing the transaction exemption of witnesses, and so on, we can better crack down on the duty crime.
【学位授予单位】：华东政法学院
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D917.6
【引证文献】
相关硕士学位论文 前2条
1 来静蕊;交通基础设施建设领域受贿犯罪研究[D];中国政法大学;2012年
2 李荣艳;关于迁安市民用建筑节能法规执行情况调查报告[D];兰州大学;2010年
本文编号：2294538
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