In the afternoon of August 14th, Mr. Wang Chunjun, senior partner of King&Capital, was invited to give a special training on the topic of "Compliance of Criminal Cases of Construction Enterprises in Criminal Cases of Construction Enterprises" for Beijing Construction Engineering Civil Engineering Co. Relevant leaders of Beijing Construction Civil Engineering Company, managers of legal department and business department attended the training, and all project departments outside Beijing also participated in the training via online.
Mr. Wang firstly started from the necessity of researching criminal cases in the field of construction engineering, analyzed the "many" characteristics of construction engineering, such as "many funds, many participants, many personnel, many technologies, many violations", and summarized that there are strong industry attributes in practice in criminal cases in the field of construction engineering. In practice, there is a strong industry attributes but industry and practitioners of the rule of law concept is weak, the judicial practice is not enough attention to the contradiction, which makes the construction engineering field of criminal cases analysis and research has become a theoretical and practical significance of the subject.
Next, Mr. Wang briefly introduced the team's research results, i.e. the 2018-2021 Report on Criminal Cases in the Field of Construction Engineering, as well as the book published in the current year, Report on Criminal Cases in the Field of Construction Engineering Facilities--Typical Cases, Key Points of Defense and Compliance.
After that, we entered the key part of the training, where Mr. Wang explained a number of criminal charges that are highly prevalent in the field of construction engineering, as well as their manifestations, defense points, and compliance suggestions through typical cases. These crimes have different manifestations due to the industry characteristics in the field of construction engineering. For construction enterprises, if they lack relevant legal awareness, they may not only violate relevant legal provisions and constitute illegal crimes, but also become victims of relevant behaviors in their business operations and bring losses to the company. For example, the crime of bribery in the field of construction engineering mainly focuses on the occurrence of the project, financing, bidding, settlement and other aspects of the project, is the widest range of crimes; and in the process of settlement, completion settlement, need to pay attention to the distinction between civil fraud and criminal fraud, accurate conviction; bidding, tendering activities may be offended by the criminal charges not only collusion bidding crime, but also may be accompanied by the crime of accepting a bribe, bribe crime; forged company, enterprise Seal crime in the field of construction engineering is highlighted by the abuse of private carving of the project seal; the construction engineering field of project payment, material payment, labor fee amount is huge, it is very easy to trigger the false invoicing type of crime; construction production safety process, may be offended by the crime of major liability accidents, major labor safety accidents, major safety accidents in the project, the crime of hazardous operations and other crimes; and provocation, extortion, forced trade crimes accompanied by black and evil-related factors, the construction engineering field as a key area of black and evil-related crimes, such crimes are also located in the first few of the high incidence of crimes.
Finally, in the position of construction enterprises, Mr. Wang pointed out that they should strengthen the awareness of corporate compliance, carry out self-correction internally to eliminate irregularities and purify themselves. Externally, they should learn to recognize "forcible solicitation of works", "forcible sale of materials", "forcible obstruction of work", "mob petition", "Seize office space" and other common manifestations of illegal and criminal behavior in the field of construction, and when encountered with these violations, take up the legal weapons in a timely manner to safeguard their legitimate rights and interests.