In the whole process of case law enforcement, always remember the mission of serving the people, firmly enforce the law in a civilized manner and administrate according to law, establish the working style of “performing duties according to law, daring to take responsibility, daring to act”, and make sure that responsibility is in mind, responsibility is in practice, and progress bravely.
In the process of case investigation, the Municipal Bureau of Housing and Urban Rural Development attached great importance to it, organized law enforcement personnel to hold a case analysis meeting and formulated a special work plan, carried out in-depth and detailed analysis and research on the violations involved one by one, went to the construction site at the first time to contact the units and persons involved in the case, and required to provide relevant evidence materials with the relevant units and parties in the case in the shortest time.
Adhere to the principle that punishment is supplemented by education.
Basic Case The case was handed over by Gansu Provincial Department of Housing and Urban Rural Development to Lanzhou Construction Inspection and Law Enforcement Detachment on July 21, 2020 (hereinafter referred to as the “Municipal Inspection Detachment”).
During the investigation of this case, the law enforcement personnel handled the illegal act with legal procedures, clear facts, conclusive evidence and correct application of the law.
For example, the contractors are all responsible for some part of the construction project, so this is also the reason why there will be disputes between them.
The case was handled in strict accordance with the three systems of the detachment’s case handling process and administrative law enforcement, “the case handling procedure is legal, the evidence is true and effective, and the applicable law is accurate”.
In this case, the unit concerned arbitrarily dismembered the construction project to contract, which seriously disturbed the order of the construction market.
At the same time, a special inquiry plan is formulated according to the specific situation of the case, an inquiry outline is drawn up, the order of inquiry is determined, and the depth of inquiry is expanded, so as to find out the facts of the case and consolidate and expand the results of handling the case on the basis of making full use of the facts and clues already mastered.
Through the analysis, sorting out and refining of a large number of relevant evidence materials provided by the three parties, the case has been initially positioned, and the entry point of the case has been identified, and the focus and breakthrough of the case has been clarified.
Through investigation, it is confirmed that the construction unit has broken the earthwork into several parts for contracting, which violates the relevant provisions of the Regulations on the Quality Management of Construction Projects.
This case is an illegal case of dismembering construction projects.
Illegal subcontracting refers to the following acts: 1.
Through timely investigation and punishment, it effectively prevented the expansion of the situation and reduced the adverse impact on the construction market.
Since the overall construction of the project involved in this case has reached the main stage, the illegal act has been unable to be corrected, and the degree of violation is relatively serious, so the unit concerned and the person in charge of the project of the unit concerned will be given an upper limit of administrative punishment according to the Regulations on the Quality Management of Construction Projects, which is legal and reasonable.
Through careful analysis and investigation of complicated cases, we found out the illegal acts of the units involved in the case and relevant personnel, and formed the evidence chain of the case.
The case was handled in strict accordance with a set of rules and regulations formulated by our unit from the filing, investigation and evidence collection and other aspects.
The general contractor subcontracts the construction project to a unit without corresponding qualifications; 2.
In the process of investigation and evidence collection, we actively communicated with the parties, clarified the direction and focus of the inquiry, grasped the favorable conditions for the inquiry, overcame the unfavorable factors, and selected appropriate inquiry channels to deeply understand the case, eliminate doubts and remove false evidence.
In the process of handling cases, law enforcement officers often have disputes in the identification of the two illegal acts of dismemberment of contracting and illegal subcontracting.
The general contractor subcontracts the construction of the main structure of the construction project to other units; 4.
Although they are two different types of illegal acts, they have some similarities.
In accordance with Article 73 of the Regulations on the Quality Management of Construction Projects: “In accordance with the provisions of these Regulations, if the unit is fined, the person in charge and other persons directly responsible for the unit shall be fined 5% to 10% of the unit’s fine”, the Municipal Housing and Urban Rural Development Bureau shall impose an administrative penalty of 434.64 yuan on Ma, the project leader of the Real Estate Development Co., Ltd.
However, in terms of legal level and professional terms, dismemberment of contract awarding refers to the behavior that the construction unit divides the construction project that should be completed by one contractor into several parts and contracts to different contractors.
The Municipal Inspection Detachment verified the basic situation and approved the filing on July 27, 2020.
The application of law is easy to make mistakes.
The contractor has entrusted part of the contracted construction project to other units for completion without agreement in the general contract of construction project and approval of the construction unit; 3.
The subcontractor subcontracts the contracted construction project again..
In the process of handling the case, the law enforcement personnel deeply publicized the relevant laws and regulations to the units concerned, effectively improved their awareness of the rule of law, and urged the units concerned to deeply reflect on and examine their own mistakes before giving administrative punishment according to the relevant provisions of the Administrative Punishment Law.
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The law enforcement demonstration sites adhere to the principle of equal penalty for excessive punishment.
In the process of handling the case, the law enforcement personnel actively implemented the responsibility system for popularizing the law, created a good business environment, and adhered to the principle of “punishment as a supplement and education as a priority”.
In accordance with the provisions of Article 7, paragraph 2 of the Regulations on the Quality Management of Construction Projects, “The construction unit shall not contract construction projects in parts”, and Article 55, “If the construction unit contracts construction projects in parts in violation of the provisions of these Regulations, it shall be ordered to make corrections, and a fine of 0.5% to 1% of the contract price of the project shall be imposed; for projects that use all or part of state-owned funds, project implementation may be suspended or fund allocation may be suspended”, The Municipal Housing and Urban Rural Development Bureau ordered a real estate development company to correct its illegal act of dismembering the earthwork contract, and imposed an administrative penalty of 4346.36 yuan.
