What is the crime of cutting corners?

If cutting corners and violating Article 74 of China's "Construction Law" and Article 64 of the "Regulations on the Quality Management of Construction Projects", which constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

Legal basis: 1) Article 74 of the "Construction of the People's Republic of China" "If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not follow the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”

2) Article 64 of the Regulations on the Quality Management of Construction Projects: "In violation of the provisions of these Regulations, if the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and shall be fined between 2% and 4% of the project contract price; and compensate for the losses caused thereby; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; ”

Legal analysis: depending on the severity of the consequences. If a construction enterprise cuts corners in construction and uses substandard building materials, building accessories and equipment, it shall be ordered to make corrections and imposed a fine; If a major safety accident is caused as a result, it constitutes the crime of major engineering safety accident, and it must be sentenced.

Legal basis: "Construction Law of the People's Republic of China" Article 74 If a construction enterprise cuts corners in the construction of rough work, uses substandard building materials, building accessories and rock warning equipment, or has other acts of construction that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined for clearing; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Cutting corners in the project is suspected of major safety accidents. The crime of major liability accident refers to the violation of relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences. Those who commit this crime are to be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and where the circumstances are especially heinous, they are to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

[Legal basis].

Article 134 of the Criminal Law: Whoever violates the rules and regulations on safety management in the course of production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention of a person who believes in the law; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. Whoever compels others to take risks in violation of rules and regulations, or clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; Where the circumstances are heinous, a sentence of not less than five years imprisonment is to be given.

Cutting corners in a project violates Article 74 of China's Construction Law and Article 64 of the Regulations on the Quality Management of Construction Projects, and can be reported to the Construction Bureau. If a serious crime is constituted, criminal responsibility shall be pursued in accordance with law.

Legal basis: Construction Law of the People's Republic of China Article 74 If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not conform to the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework, repair imitation, and compensate for the losses caused by the chaos; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 64 of the Regulations on the Quality Management of Construction Projects in violation of the provisions of these Regulations, the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other acts of construction not in accordance with the engineering design drawings or construction technical standards, shall be ordered to make corrections and shall be fined between 2% and 4% of the contract price; and compensate for the losses caused thereby; and where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate.

Legal analysis: Cutting corners in the project violates Article 74 of China's "Construction Law" and Article 64 of the "Regulations on the Quality Management of Construction Projects", which can be reported to the Construction Bureau. If a serious crime is constituted, criminal responsibility shall be pursued in accordance with law.

Legal basis: Article 74 of the Construction Law of the People's Republic of China If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; if the circumstances are serious, order the suspension of business to rectify the spring dust, reduce the qualification level or revoke the Suizen qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Regulations on the Quality Management of Construction Workers' Lengths》 Article 64 In violation of the provisions of these Regulations, if the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and shall be fined between 2% and 4% of the contract price; and compensate for the losses caused thereby; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate;

Article 74 of the Construction of the People's Republic of China "If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not conform to the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair of the branches, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law. "Article 134 of the Criminal Law: Where the crime of major liability accidents violates the provisions on safety management in production or operation, and a major accident occurs or other serious consequences are caused, a sentence of up to three years imprisonment or short-term detention is to be given; where the circumstances are especially heinous, the sentence is to be between three and seven years imprisonment. Whoever compels others to carry out risky operations in violation of rules and regulations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.

Article 134 of the Criminal Law of the People's Republic of China 68 Whoever violates the provisions on safety management in the course of production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given. Whoever compels others to take risks in violation of rules and regulations, or clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.

1. What is the crime of cutting corners in the project?

Cutting corners in a project violates Article 74 of China's Construction Law and Article 64 of the Regulations on the Quality Management of Construction Projects, and can be reported to the Construction Bureau. If a serious crime is constituted, criminal responsibility shall be pursued in accordance with law.

Legal basis: 1) Article 74 of the Construction Law of the People's Republic of China, "If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not follow the engineering design drawings or construction technical standards, it shall be ordered to make corrections and imposed a fine; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”

2) Article 64 of the Regulations on the Quality Management of Construction Projects: "In violation of the provisions of these Regulations, if the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and shall be fined 2% of the project contract price to less than 4% of the project; and compensate for the losses caused thereby; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; ”

2. What are the general contents of engineering disputes?

1) Disputes over construction project survey contracts, construction project survey contracts refer to contracts in which the contractor accepts the entrustment of the employer to complete the investigation and research work on the geography and geology of the construction project, and the employer pays the corresponding price. In judicial practice, disputes over construction contracts are relatively rare, and are generally caused by the employer's refusal to pay the survey fee on the grounds that the survey results do not meet the employer's requirements.

2) Disputes over construction engineering design contracts, which refer to contracts in which the contractor accepts the entrustment of the employer to complete the construction project design work and the employer pays the corresponding price.

3) Construction contract disputes. A construction contract refers to a contract in which the contractor accepts the entrustment of the employer to complete the construction task of the construction project and the employer pays the corresponding price. Engineering construction includes two forms: civil construction and decoration construction, and correspondingly, construction contracts generally include civil engineering construction contracts and decoration engineering construction contracts.

As mentioned above, China's law stipulates that if a construction enterprise cuts corners in the construction and completes a crime, it shall be investigated for criminal responsibility in accordance with the law, specifically in violation of Article 74 of China's Construction Law and Article 64 of the Regulations on the Quality Management of Construction Projects, as described above.