论文部分内容阅读
随着社会经济发展,建设工程项目的增多,监理成为重要的市场主体之一,随着监理作用的发挥,监理的负面效应也逐步显现。然而,现行法律在建设工程领域对监理主要追究重大安全责任事故的刑事责任,对监理人员在非重大安全责任事故情况下,即监理人员失职给国家造成重大经济损失的刑事责任没有予以规定。因此,监理人员失职给国家造成重大经济损失这一新生的法律关系亟待刑法去规范。
With the development of society and economy and the increase of construction projects, supervision has become one of the main players in the market. With the development of supervision, the negative effects of supervision also gradually appear. However, the current law in the field of construction projects is mainly responsible for supervision of criminal responsibility for major safety accidents, supervision of staff in the case of non-major safety accidents, that is, the supervision staff dereliction of duty caused great economic losses to the country’s criminal liability is not regulated. Therefore, the negligence of supervision staff to the country caused by the significant economic losses of this newborn legal relationship is urgent need to regulate the criminal law.