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超载行为损毁路桥的案例,近年来呈多发递增趋势。该结果社会危害性巨大,动辄给国家和社会造成数百上千万的经济损失,同时往往带有人员伤亡。应从刑法范畴对超载损毁路桥的行为进行规范,从社会公共利益的最后一道关卡处收紧长效“治超”的法律口袋。对于因路桥受损毁而造成的巨大社会公共利益的损害,应当对超载行为损毁路桥的责任主体进行扩大。对路桥损毁有严重过错的收费管理、设计监督、建造施工部门,应当在行政问责的基础上,追究其刑事责任。从而最大限度弥补社会损失,同时预防和威慑我国路桥建设和管理中的不法行为,为“治超”活动的最终胜利奠定严格的长效法律机制。
Overloaded behavior of road and bridge damage cases in recent years showed an increasing tendency. The result is enormous social harm, which can easily cause hundreds of millions of economic losses to the country and society, often with casualties. We should regulate the behavior of overloading and destroying roads and bridges from the criminal law category and tighten the legal pockets of long-term “governance and control ” from the last stage of public interests. For the damage caused by the huge social and public interests due to the damage of the road and bridge, the main body responsible for the damage caused by the overloading of the road and bridge should be expanded. If toll management, design supervision, and construction department that have serious fault on road and bridge damage should be conducted on the basis of administrative accountability, they shall be held criminally responsible. So as to make up for social losses to the maximum, meanwhile prevent and deter malfeasance in the construction and management of road bridges in our country and establish a strict long-term legal mechanism for the eventual victory of the “super-control” activities.