In order to get a "piece of the pie" in the construction of major projects, some engineering units and small individual private engineering teams that do not have engineering construction qualificatio

In order to get a "piece of the pie" in the construction of major projects, some engineering units and small individual private engineering teams that do not have engineering construction qualifications or have low actual qualifications often obtain project points by paying a certain proportion of "management fees". The project unit that obtained the general contracting right reaped the profits, while individual staff members pocketed the "management fees". (4) Procurement of building materials. The construction of major projects requires a huge amount of building materials, and material procurement has become the main expenditure of construction funds. Because the construction materials procurement department of the winning unit has the power to select suppliers or material types, individual procurement personnel take the opportunity to ask for illegal benefits such as "kickbacks" and "hard work fees," and the suppliers will inevitably raise the price of materials.

(5) Completion and acceptance process. After the construction of the project is completed, some construction units with defects in project quality do not think about how to meet the quality standards. Instead, they know that there are quality problems in the project and use money to smooth over the supervision units and relevant acceptance units. In this way, projects with unqualified quality, substandard quality, or even serious quality problems are openly crowned as "qualified" or even "high-quality projects."

(6) Fraud in land acquisition and demolition. Land acquisition and demolition work is highly policy-oriented and involves a wide range of areas. It is a link where corruption problems are concentrated in project construction. The main manifestations are: First, the relocated households defrauded a large amount of public funds by inflating the area and the number of attachments on the ground; some bribed the land acquisition staff, and the land acquisition staff turned a blind eye. ", close one eye" and everyone has illegal gains, causing a large amount of public property to flow into personal pockets. Second, staff of grassroots organizations such as rural areas and sub-districts took advantage of their authority to conspire with the relocated households to commit corruption and misappropriation crimes while participating in land acquisition matters and money management. Third, relevant state officials neglected supervision and did not act, which constituted a crime of dereliction of duty.

(7) Demolition and resettlement link. Some demolished people, with the cooperation of relevant state staff's official duties, have obtained undue benefits through illegal operations. Most of these cases are concentrated in the land management offices and demolition offices in urban streets. The main methods are: confirming rights without careful examination of fraudulent use of other people's names and forged relevant certificates; confirming compensation without examination for illegally buying and selling real estate or illegally dividing households during demolition; and confirming illegal buildings and parts that are illegal Confirm construction violations as legal buildings; adjust non-residential properties as residential properties; compensate for the inflated area; compensate sub-quality properties as high-quality properties, etc.

3. Reasons why job-related crimes are frequent and easy to occur in the field of major engineering construction

(1) The temptation of interests and the weak concept of legality. In order to obtain illegal benefits, some state officials forget their responsibilities in the face of money, fail to exercise their powers correctly, and abuse public power. These people have weak legal concepts, ignore laws and regulations, act recklessly, and step by step into the abyss of crime, unable to extricate themselves.

(2) Chaotic management and imperfect rules and regulations. Some units do not operate in strict accordance with the relevant provisions of the Company Law, have chaotic management, irregular use of funds, and imperfect rules and regulations. Existing rules and regulations are not implemented and are ineffective. Some units have imperfect personnel selection and employment mechanisms, which allows some corrupt elements to infiltrate the management team.

(3) Lack of supervision mechanism. The decision-making power is in the hands of the "top leaders", supervision is superficial and becomes a formality, the internal supervision mechanism is weak, external supervision is absent, and the supervision efficiency is poor. Therefore, those who hold power are more emboldened and unscrupulous, throwing off all kinds of restrictions and supervision of personal decision-making, abusing power, and ultimately leading to the road of no return to official crimes.

(4) No long-term prevention mechanism has been established. The various preventive measures and requirements of the Party Committee and Government Leading Group for the Prevention of Occupational Crimes have been ignored. The prediction and early warning mechanism for occupational crimes has not been normalized, and an open and transparent mechanism for major engineering projects has not been established. The absence of such a preventive mechanism will inevitably lead to a lack of legal awareness, and the absence of an open and transparent mechanism will inevitably increase the chance of some people committing corruption and bribery crimes.

IV. Several measures to prevent occupational crimes in the field of major engineering construction

(1) Strengthen management and improve various rules and regulations. Because engineering construction involves a wide range of areas and is highly technical, some systems lack operability or have loopholes, the management mechanism is imperfect, and the management methods are not standardized. To this end, it is necessary to strengthen various management, improve various rules and regulations, and implement all regulations and systems, and use laws and regulations to constrain and standardize project units and the entire project process.

(2) Establish an effective supervision and restriction mechanism. A long-term internal supervision and control mechanism must be established between construction units, between construction units and supervision units, and between supervision units and bidding units, as well as external supervision mechanisms with disciplinary inspection and supervision departments and the people. It is necessary to intensify the restrictions on power, restrict power with systems, and exercise power within the scope of the system. Power should be put into the cage of the system to achieve the purpose of controlling power with power and checking and balancing each other.

(3) Standardize market behavior. Effectively regulate market behavior in the field of major engineering construction in accordance with relevant national laws and regulations. At the same time, local governments should refine market behavior based on local actual conditions to make behavioral norms more operational, so that there are laws to follow and violations will be punished. .

(4) Increase legal penalties. In accordance with the provisions of the law, we shall severely crack down on corruption, bribery, embezzlement of public funds, abuse of power, dereliction of duty and other official crimes in the field of engineering construction; party members or party member leading cadres who constitute serious violations of discipline must be severely dealt with in accordance with the disciplinary regulations of the Communist Party of China; State civil servants who fail to act or are lazy to act shall be dealt with in accordance with the relevant provisions of the Civil Servants Law. Leaders of system industry departments, state-owned enterprises, and companies with frequent occupational crimes shall be held accountable in accordance with the law and disciplines; the licenses and qualifications of supervision units and other engineering construction units with frequent occupational crimes shall be strictly reviewed and those that should be revoked shall be revoked. Through legal investigation, party discipline investigation and administrative investigation, a high-pressure attack situation and deterrence will be formed.

(5) Cooperate with the construction of major projects and carry out legal publicity and analysis of typical cases. In the field of major engineering construction, we should do a good job in preventing occupational crimes in advance and teach engineering construction laws and regulations. Analyze typical cases of links that may lead to job-related crimes, so that construction workers can be educated to abide by the law mentally and their behavior can be regulated.

(6) The procuratorial organs should give full play to their functions in preventing occupational crimes in the field of major project construction. The procuratorial organs provide bribery criminal file inquiries for major project construction bidding and tendering units in accordance with the law, and promptly make suggestions for excluding units with bad behavior and criminal information records from participating in project construction; they track and supervise the entire bidding and tendering process to avoid secret operations. , to ensure fairness, impartiality and openness in all aspects of tendering and tendering; by convening joint meetings, dispatching liaison stations for the prevention of occupational crimes to provide occupational crime consulting services; improving the occupational crime reporting mechanism and the regulations for rewarding occupational crime whistleblowers; in the construction of major projects Banners and slogans for the prevention of occupational crimes were set up on site, a temporary office for the prevention of occupational crimes and a reporting mailbox were set up, and telephone numbers for reporting and complaints were made public.