Abstract ¾ Chinese economy is now at the rapid development stage, and especially the construction of infrastructure changes quickly. It is observed that the current China is a really large engineering country. However,while the modern engineering facilitates the living of most people, it also damages the interests of some people. The problems that attention should be paid to by the engineering ethnics are how to minimize the harmful effects of engineering activities and how to define the damages caused by engineering activities and the liabilities of concerned departments (e.g. planning party, design party, construction party and operation party, etc). Especially in China, it is very difficult to define the liabilities for the damages caused by engineering. This paper divides the harmful effects caused by engineering activities on interests into five types to be discussed, namely sustainable and temporary effects, conspicuous and inconspicuous effects, direct and indirect effects, avoidable and unavoidable effects, and recoverable and unrecoverable effects, so as to expect the engineering circle to pay attention to the liabilities in other aspects and to provide an empirical analysis basisi for defining the liabilities for the damages caused by engineering.

关键词：工程、责任、伦理

Key words: Engineering, Liabilities , Ethnics

在目前中国，以利益相关为逻辑起点对工程责任的分析，主要集中在工程收益的视角。这是所有工程都着力论证的视角，这一视角对认识工程造福社会的积极意义有很好的作用，这能很好地体现工程技术人员服务社会的职业责任。另外，以利益相关为逻辑起点的责任分析还集中在宏观层面、决策设计层面上，而对工程实践层面的部分人群的具体利益损害的研究还十分不足。虽然，宏观的赢利的层面的论证是必须的，也是通用的，但是这远远不能够解决当代工程所引发的问题。因为，任何工程都可能出现消极的影响，工程也应该为自己的损害性后果承担责任，而这一责任视角的研究却往往被忽略。工程的负面影响既与工程造福社会的价值目标，与社会公正目标以及其他社会伦理价值相背离，也为社会利益冲突埋下隐患。从工程利益损害性影响视角分析工程责任，剖析工程损害结果与工程活动的逻辑联系，是为了更有效地避免工程的消极影响，尤其是为了减少工程活动中行为层面的实际损害。同时，这一视角的分析也有助于全面工程责任的认识。

Now in China, the analyses on engineering liabilities, with interest relation as the logical starting point, mainly concentrate on the angle of engineering income which is greatly demonstrated in all engineering activities, plays a good role in understanding the positive significance of engineering benefiting the society, and well reflects the occupational responsibilities of engineering technicians serving the society. Moreover, the analyses only focus on macro level and decision-making design level, but study on material damages to some people at the engineering practice level is very insufficient. Although the demonstration of macroscopic profit level is necessary and general-purpose, it is far from solving the problems arising from contemporary  engineering. As it is possible that every engineering activity may cause negative effects, engineering parties should bear the liabilities for the harmful consequences therefrom, but study on the angle of the liabilities is always ignored. The negative effects of engineering not only deviate from the value goal of engineering benefiting the society, the goal of society justice and other social and ethical values but also lay hidden troubles of social interest conflicts. The analysis on engineering liabilities from the angle of harmful effects caused by engineering and the anatomy of the logical relationship between engineering damages consequences and engineering activities are to avoid harmful effects caused by engineering more effectively, especially to reduce actual damages on the action level of engineering activities. At the same time, the analysis from this angle is helpful to understanding the comprehensive engineering liabilities.

我们认为工程对部分人的利益损害，因为其方式、强度的不同，工程责任的大小、责任承担方式和工程责任主体也不同；有些损害具有极大的隐蔽性和复杂性，使得认清责任十分困难。本文将受工程影响的方式分为不同类型，以便更好地认识工程活动各方与工程损害的关系，寻找责任主体和负责的行为方式。

We think that the damages of engineering to the interests of some people are different for the differences in modes and intensities of damages, magnitudes of engineering liabilities, modes to bear the liabilities and subjects to bear the liabilities and some damages are extremely invisibile and complex, which makes it very difficult to distinguish the liabilities. This paper divides the modes of the effects caused by engineering into different types so as to make better understanding of the relation between all parties involved in engineering and the damages caused by engineering and look for the subjects to bear the liabilities and the modes of conduct to bear the liabilities.

1、持续影响与暂时影响。我们说工程是一种造物活动，这一活动一定是在特定的自然环境和社会环境中进行的，它必然会对环境产生正面影响或负面影响。工程的目的是希望对社会产生持续的正面影响，比如建大坝，我们希望它能持续地发挥灌溉、防洪和发电的积极功效。但是，任何工程都会让社会付出成本或代价，至少是经济的成本，建坝还会有社会成本，主要是移民。而这些影响有些是长期的，有些是短期的。工程有责任消除长期影响，减轻短期影响。仍以移民为例，工程移民安排一定要妥当，让移民能够适应新的生存环境，重新具有生存能力，而不是只能靠移民安置费过活。因此，社会现在呼吁的不是给移民渔或鱼的问题，而是要给他们继续生存的“水”。例如生态恢复，使之重新建立活性的生态系统。这些问题已经被大型工程重视，但它所体现出来的责任观念并没有普遍地被工程界接受，对“生存生态”的恢复更是被忽视。于是出现了这样的问题：一条铁路贯穿一个自然村落，永远地切断了生产、生活紧密联系的一个村庄的人们；一条高架公路与住宅楼擦肩而过，从此临路的居民永无宁日。浙江萧山区朱家塔村，被浙赣铁路一分为二。许多村民新建的小楼房距架高的铁路仅五六米远，其卧室与铁路高度相当，通车后，居民感觉火车是在屋顶上跑。为了降低成本不作任何隔离防护的路线上火车日夜在上面裸奔，震动、噪声、夜间行车的灯光、尘土严重影响到居民的生活和身心健康。穿越院落坝子的铁路还不时落下路基石，直接威胁着在院子里行走活动的孩子和村民。

1. Sustainable effects and temporary effects. We say that engineering is a kind of making activities in a specific natural environment and social environment, and thus it certainly causes positive effects or negative effects to the environment. The goal of engineering is to have sustainable positive effects on the society. For example the construction of a dam, we wish it to play sustainable active roles in irrigation, flood control and power generation. However, any engineering makes the society pay a cost, at least an economic cost, and the construction of a dam also needs to pay some social costs of which the main part is resettlement. Some effects are long-term, and some are short-term. Engineering should be liable to eliminate long-term effects and mitigate short-term effects. Taking resettlement as an example, the resettlement caused by engineering should be properly arranged, i.e. should make the resettled people adapt to the new living environment and repossess viability rather than the living on resettlement allowance. Therefore, what the society now appeals for is not to give the resettled people “fish” or “methods of fishing” but to give the resettled people “water” for them to live on, e.g. ecologic restoration that is to reconstruct an active ecologic system. Although sch problems have been thought much of in major engineering works,  the bodied-forth liability concept has not been generally accepted by the engineering circle and the restoration of subsistence ecology is ignored. As a result, the following problems appear: a railway that runs through a natural village permanently separates people in the village who are originally in close connection in production and living; an elevated highway passes by a dwelling building, making the residents close to the highway have no peaceful days from then on. Specifically, Zhujiata Village, Xiaoshan District, Zhejiang is divided into two parts by Zhe-Gan Railway; newly constructed small storied buildings of many villagers are only 5-6m away from the elevated railway and the bed rooms are at an equivalent height with the railway, so the villagers feel that the trains run on their roves. On the railway without any isolation and prevention measures for the reduction of cost, trains run day and night and the vibration, noise, light at night and dust severely impact the living as well as physical and mental health of the residents. Furthermore, stones often fall from the rail bed of the railway passing through the courtyard, which directly threaten the safety of children and villagers walking in the courtyard.

这类问题的主要责任在现场勘测与工程的选线设计上。在工程勘测中自然因素，地质因素被考虑得较多，工程勘测以技术实施的可能性为头等重要的问题，而对工程受损方的利益考虑得不多，对一部分人的生存质量考虑得不多。这就让我们自然地要追问到他们对工程目标的认识，工程的真目的是造福社会，那它就会把避免损害作为与造福社会同等重要的责任。勘测技术人员就应该把部分人的利益作为问题提出，并以社会经济发展的高水平计入成本。工程设计是直接提出工程方案的人，他是有同等责任的人。只要勘测方已经将这一问题提出，设计方就有责任提出避免影响或消除影响的方案。绕道避免影响是一种负责的设计方案；按工程标准远离住房，并修建隔离挡板阻隔噪声和尘土等污染源，防止路基石下落是一种负责的补救方法。浙赣铁路改造工程是在人口密度较大的区域进行的，沿线切断了人们生产生活的交通，为此工程共修建涵洞1439座，新建桥梁109座，其中特大桥12座，大中桥86座，小桥11座，平均每650米就有一处过路桥涵以恢复受影响人的交通，这也是一种补救。当然勘测方和设计方的方案会受到投资方或者决策方的影响，甚至决定。所以我们不仅要讲责任，还要建立负责任的制度，给工程技术人员能够坚守职业道德的制度保障和履行责任的工作空间。但是他们不可以因为来自投资方或决策方的压力而放弃责任，其实任何负责任的行为都会有压力的。

The main liabilities for this kind of problems rest with the site survey and route selection design of the engineering. In engineering survey, natural factors and geologic factors are considered more and the feasibility in technical implementation is regarded as the most important thing, whereas the interests of damaged parties and the living quality of some people are considered a little. It is natural for us to question their understanding of the goal of engineering. The real goal of engineering is to benefit the society, so the liabilities for avoidance of damages should be considered as the equivalently important ones for benefiting the society. The survey engineers should put forward the interests of some people as an issue and calculate it into the cost according to the high level of social and economic development. The engineering design party is the one who puts forward the engineering proposal directly and is the one who has the coequal liabilities. As long as the surveyor has put forward this issue, the design party should be responsible to put forward the proposal for avoidance or elimination of relevant effects. It is a conscientious design proposal to make a detour for avoidance of effects and it is also a conscientious remediation method to keep far away from any housing according to the engineering standard and construct isolation baffles to separate pollution sources like noise and dust,etc. and prevent stones from failing from the rail bed. The renovation of Zhe-Gan Railway is made in the areas where there is a large population density and the transporation for production and living of people along the line are cut off. For this reason, the renovation includes the new construction of 1,439 culverts and 109 bridges, including 12 super major bridges, 86 major and medium bridges and 11 small bridges. Averagely, every 650m is provided with a crossing bridge or culvert to restore the transportation of affected people[1] and this is also a kind of remediation. Of course, the proposal put forward by the surveyor and the design party will be influenced and even decided by the investor or decision-maker. Therefore, we should not only strive for responsibilities but also establish a system of responsibilities to provide engineering technicians the system guarantee to stick to professional ethics and the work space to perform their responsibilities; however, they may not give up their responisibilities for the pressure from the investor or decision-maker. In fact, every responsible behavior faces pressures.

短期影响通常是因为施工造成的，因为工程施工相对于运营来说是短期的。对短期影响负责的态度是要把它减少到最低。例如，建立隔离墙以避免人们进入施工现场发生危险；施工占道阻塞交通，就应该建立临时通道；工程用料易扬沙尘，就要按规定覆盖或浇水；施工噪声大就应该在规定时间作业以免打扰居民休息等。有些短期影响会演变成长期影响，例如，带着泥沙的污水会堵塞城市排水系统，甚至带着水泥的污水还会在地下排水道中结成大的水泥块封闭下水系统，造成长期排水不畅，甚至造成城市泄洪隐患。这类责任主要在施工方，施工方对自己工作的性质、特点和所使用的材料应该有充分的认识与把握，国家也有相关的施工要求和标准，他们负责任的行为就是照章办事，并充分理解施工给人民群众带来的不便，以随时接受民众的意见改进工作方法。

Engineering construction is short-term as compared with operation, so short-term effects are generally caused by construction. The conscientious attitude to short-term effects is to minimize the effects. For example, a partition wall is constructed to avoid the danger to people for entering into the construction site, a temporary access road is constructed to avoid the traffic jam for the occupation of the road, the materials utilized in construction are covered or watered according to the rules to avoid the occurrence of sand and dust emission, and the construction operation with high noise is made within the specified period to avoid  disturbing the residents. Some short-term effects can become long-term effects. For example, sewage containing sand would block the urban drainage system and even the sewage containing cement would form large cement blocks in underground drainage channels to block out the sewage system and result in long-term unsmooth drainage and even hidden troubles for urban flood discharge. This type of liabilities rest with the construction party, so the construction party should have the full understanding of and confidence in the nature and characteristics of own work and the materials used. There are national standards and requirements for construction, the responsibilities of the construction party are to make operation according to rules, have the full understanding of the inconvenience brought to people, and accept the opinions of the people and improve own operation at any moment.

2、显性影响与隐性影响。在这一组工程影响形式中，显性影响容易判断，所以不是我们重点分析的内容，我们关注的是隐性影响。隐性影响是那些工程造成的环境改变，这种改变并不一定会立即造成损害，而当各种因素同时出现时，它就可能酿成大祸。例如，某城市高校，在修建人工湖的地段上发现旧河床，施工单位就地取用建校所需的沙石，一举两得地淘了沙，挖了湖。由于施工过程较长，遇到几次较大的降雨，形成积水潭，施工单位没有按规定造湖，顺势挖掘。由于湖底不平整，湖深距离差异很大，且有施工单位回填的坚硬的建筑废料，就在这个湖里几次夺人性命，成了公共安全的隐患。在这个案例中，直接责任人应当是施工方，监理验收方也要负失察之责。

2.       Conspicuous effects and inconspicuous effects. In this group of effects caused by engineering, it is very easy to judge conspicuous effects, so we pay our attention to inconspicuous effects. Inconspicuous effects refer to the changes caused by engineering in environment. This kind of effects would not doom to result in damages immediately, but it might result in a catastrophe when all kinds of factors occur at the same time. For example, in a university, when finding an old riverbed at the location where the man-made lake was to be constructed, the construction party got sand and stones locally to construct the lake. The construction process was relatively long and several heavy rains formed a rain-pool. However, the construction party did not make the lake according to rules; instead, they carried out excavation on the sly. Since the lake bottom was uneven and the lake depth differed greatly and there were hard construction wastes backfilled by the construction party into the lake, the lake had taken away the lives of several people and the lake became a potential safety hazard. In this case, the party directly liable should be the construction party, but the supervision party and acceptance party should be also liable for oversight.

这种因追求经济利益而心存侥幸地容忍隐患存在的事例在国际社会也能够见到。 例如，911事件中倒塌的世界贸易中心大楼，让2000多人死亡，我们当然要谴责恐怖分子。但事故后期的调查，让我们了解到世贸大楼的决策者和设计者在他们早期的设计中就发现，按1945年纽约市建筑条例要求设计的方案不能提供足够的出租空间维持大楼在经济上的收益。他们修改了设计方案，放弃对楼梯井围建土石方或混凝土结构，这样当危情发生，消防人员不能进入高层，着火点之上楼层的人也无法从大火中逃生。而这一变通的设计方案得到了当时的纽约市的许可。这时政府就成了直接责任人之一。

Such instances that the existence of hidden troubles is tolerated for economic benefits can be seen in international community. For example, the collapse of New York World Trade Center in 911 Event took away the lives of more than 2,000 people. Of course, we need to condemn the terrorists by all means. However, the investigation after the Event made us know that the decision-makers and designers found in their early design that the proposal designed according to the building code of New York City in 1945 could not provide sufficient space to be leased out to maintain the economic returns of the building. Therefore, they changed their design proposal to give up the construction of earthwork or concrete structure around the stair well. In consequence, fire fighters could not enter into high stories and  people above the fire point could not flee from the fire when the event occurred. This changed design proposal was permitted by the government of New York at that time[2]. In this case, the city government should be of the parties directly liable.

还有一类隐性影响是需要时间才能显现出来。例如，三门峡水坝拦沙设计的生态影响。由于当时的科学技术水平，整个社会的生态环境意识比较薄弱，这一问题在特定的政治、经济背景下被彻底忽略。

This type of inconspicuous effects will emerge after a period of time. For example, the ecologic effects of the sediment trapping design of Sanmenxia Dam was thoroughly ignored under the specific political and economic background, in which the ecologic environment consciousness of the whole society was very weak for the scientific and technical level at that time.

3、直接影响与间接影响。对这组影响的认识重点在间接影响上，因为，间接影响的结果与行为方的联系不易确定。从某种意义上说，间接影响关系对受影响方和工程活动方的联系性分析，需要普通公众难以掌握的技术知识和难以了解的信息，因此，它更依赖工程技术人员的职业责任心和工程管理制度保障。另外它还涉及损害可能有多种原因，在多种因素中各因子的地位和作用是不同的，工程各方应当承担怎样的责任等问题。例如，太中银（太原-中卫-银川）铁路的山西段，在汾阳有35公里长的线路，要穿过4个乡镇，35个行政村。汾阳市峪道河镇和栗家庄两个乡镇常年处于干旱缺水地区，人畜饮用水和农田灌溉用水主要依赖区域内的4口泉水——向阳峡山泉、上林舍泉、神头泉和宋家庄泉。汾阳吕梁山隧道工程2006年2月开工建设以来，这4 口泉水水源多次发生断流和偏移，特别是向阳峡山泉和上林舍泉流量不断减少，到2006年11月，彻底干涸。峪道河神头泉的流量也从多年的平均每小时0.30立方米，减少到0.15立方米。其他小泉的流量也锐减趋势。导致峪道河镇李家庄村两个乡镇的19个村民组11171口人和749口牲畜用水面临严惩威胁，周边生态也出现了明显退化。地方政府与水利部门认为断水是由于开挖隧道造成岩土挤压的结果。事实上，太中银铁路建设项目上马时间仓促，工期要求紧，经常性地出现“边设计，边施工，边修改”的情况。设计前期的勘测工作因为经费不足，工程勘测比较简单，调查论证的深度不够，造成勘察的缜密性和科学性都不能达到要求。虽然设计单位了解到当地地质水文状况复杂，地下水系比较脆弱，但只是在设计图纸上标注了提请施工单位注意的提示，没有对施工单位提出更多的技术要求或在设计中采取技术防范。

3.      Direct effects and indirect effects. It is difficult to determine the relation between the result and acting party of the indirect effects, so the emphasis of the understanding of this group of effects is indirect effects. In a sense, the analysis of the relation between the aggrieved parties and the engineering parties needs technical knowledge and information which are difficult for common people to master or know, so indirect effects depend on the professional responsibiliy consciousness of engineering technicians and the guarantee of the engineering management system much more. Moreover, indirect effects also involve various possible reasons for damages, different positions and functions of different factors, and the liabilities that should be borne by engineering parties, etc. For example, the 35km long sector of Tai-Zhong-Yin (Taiyuan-Zhongwei-Yinchuan) Railway in Fenyang, Shanxi passes through 4 towns and townships and 35 administrative villages. Yudaohe Town and Lijiazhuang Township are arid all the year round and the water used for drinking of human beings and domestic animals and for irrigation of farmland mainly depends on 4 spring heads, namely Xiangyangxia Spring, Shanglinshe Spring, Shentou Spring and Songjiazhuang Spring. After the construction of Luliang Mountain Tunnel in Fenyang was started from Feb. 2006, these 4 spring heads had become dry and offset time after time. Especially, the flow from Xiangyangxia Spring and Shanglingshe Spring decreased ceaselessly and became thoroughly dry in Nov. 2006. Shentou Spring in Yudaohe Town also decreased from the average long-term flow of 0.30m3/h to 0.15m3/h. The flow from other small springs also decreased sharply. Therefore, the drinking water needed by 11,171 people and 749 domestic animals of 19 villager teams in Yudaohe Town and Lijiazhuang Township faced a severe threat and neighboring ecologic environment was obviously deteriorated. The local governments and water resources developments deemed that the water break was the result of the extrusion against the rock and soil during the excavation of the tunnel. In fact, Tai-Zhong Railway was constructed in a hurry, the time limit for the project was very short, and the cases that the design, construction and modification were made at the same time took place frequently. For the shortage of running cost at the early survey, simple engineering survey and insufficient survey demonstration resulted in that the deliberateness and scientificalness of the survey could not meet the requirements. The design party knew the complexity of local geologic and hydrographic conditions and the weakness of the groundwater flow system, but it only marked on the design drawings to call the attention of the construction party, without any more technical requirements put forward for the construction party or any technical precautions taken in the design.

2007年7月吕梁市领导协调小组将该问题的调查结果形成报告《关于尽快解决因太中银铁路隧洞建设导致泉水断流问题的函》，上报山西省发改委和省水利厅，并转至太中银铁路有限责任公司。工程指挥长却不认同这个结论，认为该工程已经通过环评，断水是否因为施工引起尚不能确定。吃水问题迟迟不能解决，群众意见很大，已经出现了多次群众上访和拦阻施工车辆的事件。为保障群众利益和维护社会稳定，地方政府与施工单位达成共识，先搁下对责任的追究，由中铁十二局出资，汾阳市水利局采用管道抽取地下水的方式临时为群众解决用水问题。

In Jul. 2007, the Leading and Coordination Group of Luliang City formed the findings into the report of Letter on the Issue Concerning Solving Spring Water Break Caused by Tunnel Construction on Tai-Zhong-Yin Railway as Soon as Possible, submitted it to the Development and Reform Commission and Department of Water Resources of Shanxi Province, and to Tai-Zhong-Yin Railway Co., Ltd. However, the leader of the project disagreed with this conclusion and he opined that the project had passed the environmental impact evaluation and it couldn’t be determined whether the water break was caused by construction. Since the problem concerning drinking water couldn’t be solved for a long time, the masses had much complaints, and even appealed to higher authorities for help and blocked the construction vehicles. In order to ensure the interests of the masses and maintain the stability of the society, the local government and the construction party reached a common understanding to lay the investigation of liabilities aside and solve the drinking water problem temporarily through groundwater abstraction by Water Resources Bureau of Fenyang City with the fund provided by China Railway 12th Bureau. [3]

 

在这个案例中，施工对泉水断流的影响需要专业技术鉴定，简单地凭经验是不行的。论证阶段的一环评是如何做出的，相关信息资料谁可以看到。另外，一个问题的出现可能是由多个原因造成的，2007年的下半年该地区出现少有的雨水较丰的情况，用水问题有一定程度的缓解，可见施工并不是唯一原因。再有，“边设计，边施工，边修改”的工程方式不科学不合理，不应该，如此这般设计勘测方，施工方都要替决策方承担责任。同时，监理方的压力也会更大。这都不利于责任的划分，也不利于责任的独立地承担。如果有一个清晰的调查结果，是能够找到责任方的，但是责任方会是一个责任关系较为复杂的群体。

In this case, the effect of the construction on the spring water break needs to be professionally and technically determined, and it is unfeasible only to determine it by experience. It involves how the initial environmental impact evaluation is made at the demonstration stage and who can see relevant information and data. Moreover, it is possible that a problem is caused by various reasons. In the second half year of 2007, the rain water in the area was relatively abundant that seldom appear in the area. Thanks to the abudant water, the drinking water problem was mitigated to a certain extent. So, it is obvious that construction is not the only reason. Furthermore, the engineering mode of making design, construction and modification at the same time is really unscientific and irrational. In this case, the design party, survey party and construction party would bear liabilities in stead of the decision-making party. At the same time, the pressure of the supervision party would be heavier. All these are adverse not only to the division of the liabilities but also to the independent bearing of the liabilities. If the party liable could be found out through clear findings, the party liable would be a group with very complex relations in liabilities.

4、可避免影响与不可避免影响。可避免与不可避免是相对的，它既相对于当时的技术水平和认识能力，也相对于工程人的责任心。例如“豆腐渣”工程引起的损害是典型的疏于工程责任或者追逐利益的结果，包括我们前面分析的几种工程损害在一定意义上，只要强化责任意识，规范制度都可以避免负面影响。但是，工程总是难免对少数人群产生影响，比如对于许多工程尤其是大型工程来说移民总是必需的；比如土木基建工程总是要在特定的空间中进行，总会或多或少地影响到自然的平衡；比如施工期间的运输和噪声污染会给施工范围内的人群带来不便和不良影响。对这类影响，在决策、设计和施工时就应考虑采取各种措施把影响降到最小。还有一类影响，可能就目前的科技水平和社会经济水平来说还暂时不可避免，例如：工程对生态的影响、工程对农业用地的占有、核电工程、化工建设的环境影响等。对这类影响我们也能够期待技术进步而变得可避免。例如，工程对生态的修复，例如采矿后熟土回填，将耕地还给农民，减少离乡离土的农民。即使对不可避免的影响，工程方也应该给予补偿，尤其是对涉及基本生存权利的影响一定要给予补偿。不能以少数人受法律保护的权利为牺牲，换取工程利益。全社会的公民都有权享受社会进步的成果应该成为我们的共识。

4.     Avoidable effects and unavoidable effects. The avoidable effects and unavoidable effects are relative and they can be relative not only to the technical level and cognitive ability at that time but also to the construction party’s sense of responsibility. For example, the damages caused by jerry-built projects are the typical results of neglecting the responsibilities for engineering or seeking profits, including several kinds of damages caused by engineering we analyzed before. In a sense, the negative effects of these kinds of damages can be avoided as long as the consciousness of responsibility is intensified and the system is normalized. However, it is unavoidable for engineering to have effects on a small quantity of groups. For example, for lots of projects, especially large projects, resettlement is necessary; civil capital construction always needs to be made in a specific space to affect the balance of the nature more or less; the transport and noise pollution during construction always bring inconvenience for the people around the scope of the construction. All kinds of measures should be considered during decision-making, design and construction to minimize these kinds of effects. There is another kind of effects that cannot be avoided on the scientific and technical level and the social and economic level at present, such as the effects of engineering on ecology, the farmland occupation of engineering, and the effects of nuclear engineering and chemical engineering on the environment and so on. This kind of effects can be expected to become avoidable along with technical advancement, for example, ecological rehabilitation after engineering and mellow soil backfill after mining to return the farmland to peasants to reduce the number of peasants leaving home or farmland. Even for unavoidable effects, engineering parties should make compensation. Especially for effects involving the right of basic existence, engineering parties must make compensation and the benfits of engineering cannot be exchanged for with giving up the legal rights of a small quantity of people. It should become our common understanding that all citizens in the whole society are entitled to share the achievements of social progress.

5、可修复与不可修复的影响。工程不可修复的影响主要是就它已然地改变了自然状态，打破了自然平衡而言的。但随着时间的推移这些不平衡会重新达成平衡，虽然有些工程要达到新的平衡需要经过漫长的甚至不断扩大损害的灾害期，如三门峡在一个相对时期内灾难在扩大，但它总会出现相对的平衡期。因此，就无限的时间来说，所有的影响都是相对可修复的。我们说不可修复是就灾害期内而言的。仍以三门峡为例，实施拦沙蓄水的工程方案仅一年多，库内就猛淤15.3亿吨泥沙，94%的来沙都淤在库内，潼关河床高程一下子抬高了4.31米，渭河形成拦门沙。回水和渭河洪水迭加，沿河两岸淹地25万亩，5000人被水围困。虽然修复性的改建工程在1965年开工，打通左岸两条隧洞和利用4根钢管排沙。但仍未阻止1966年汛期带来的泥沙，渭河河床继续上升0.7米，继续淤沙20亿吨，渭河上延15.6公里。自然平衡一旦打破很难修复。这类问题的主要责任在于决策与设计，决策违背自然规律，硬要“黄河清”；而设计又迎合这一决策，好大喜功地提出高坝拦沙设计。这类问题最有效地应该在决策与设计阶段杜绝，所以科学的发展观，事实求是的科学精神应该永远是工程决策者和设计者的职业责任态度。我们有时迷信效率，甚至认为惟此惟大，显然象这样的效率越高给社会带来的灾难就越大。效率只表明做事与其结果的关系，并不体现行事的正当性和社会实体价值。

5.       Recoverable effects and unrecoverable effects. The unrecoverable effects of engineering are mainly embodied that  they have changed the natural state and broken the natural balance. However, along with the passing of time, these unbalances would be rebalanced. Although some projects need a long time to realize the new balance and even expand the disaster phases of the damage ceaselessly, the peaceful balance period would come forth finally. For example, the disaster at Sanmenxia expands in a relative period. Therefore, for the infinite time, all effects are relatively recoverable and unrecoverable effect only refers to the effect in the disaster phases. We still take Sanmenxia for example: after the sediment trapping and water accumulation proposal was brought into effect for more than one year, 1.53 billion tons of mud and sand were rapidly silted in the reservoir and 94% of incoming mud and sand was silted in the reservoir, making elevation of the riverbed at Tongguan elevated 4.31m at a draught and making Weihe River form a entrance bar. The superposition of the backwater and the flood in Weihe River made 250,000 Mu land along the river submerged and 5,000 people besieged by water. [4]Although the renovation project aiming at rehabilitation was commenced in 1965, two tunnels were opened at the left bank and 4 pieces of steel pipes were used for sediment outflow, the mud and sand brought in the flood season in 1966 was not stopped, the riverbed of Weihe River continued to rise 0.7m, 2 billion tons of mud and sand continued to be silted, and Weihe River extended upwards. Once being broken, it is very difficult to rehabilitate the natural balance. The main liabilities of this kind of problems rest with decision-making and design parties. The decision-making party violated the natural law and insisted on making the Huanghe River clear, and the designer party catered to such decision-making and craved for greatness and success to put forward such a high dam sediment trapping design. For this kind of problems, the most effective method is to put an end to them at the decision-making and design stages. Therefore, scientific development concept and the scientific spirit seeking truth from facts should be always the attitude of decision-makers and designers to professional responsibilities. Sometimes, people make a fetish of efficiency and even consider it as the foremost. It is obvious that higher such efficiency is and more severe the disaster brought by such efficiency for the society is. Efficiency only indicates the relation between the acting and result and it doesn’t reflect the justifiability of the acting or the values of the social entities.

通过上述几组受工程影响类型的分析，我们知道只要工程各方认真履行职责很多损害性影响是可以避免、减轻或得到补偿的。符合工程伦理精神的做法是：工程在造福社会的同时，也应该保障工程受影响人的利益，而不是要以牺牲部分人的福利为代价。

According to the analysis of above several kinds of effects caused by engineering, we know that lots of damage effects can be avoided, mitigated or compensated as long as the parties involved in engineering fulfill their obligations earnestly. The method in line with ethical spirits is to assure the interests of aggrieved people rather than give up the benefits of some people when engineering activities benefit the society.

 

 

 

 

I'm sorry that because of the problem on enter system.I can not hand on my abstract. So I have to send it by this way. My paper is on the subject that engineering:Ethics and social responsibilities.

         SCANNING  ENGINEERING LIABILITIES FROM THE PERSPECTIVE OF AGGRIEVED PARTIES

 

Abstract  Chinese economy is now at the rapid development stage, and especially the construction of infrastructure changes quickly. It is observed that the current China is a really large engineering country. However,while the modern engineering facilitates the living of most people, it also damages the interests of some people. The problems that attention should be paid to by the engineering ethnics are how to minimize the harmful effects of engineering activities and how to define the damages caused by engineering activities and the liabilities of concerned departments (e.g. planning party, design party, construction party and operation party, etc). Especially in China, it is very difficult to define the liabilities for the damages caused by engineering. This paper divides the harmful effects caused by engineering activities on interests into five types to be discussed, namely sustainable and temporary effects, conspicuous and inconspicuous effects, direct and indirect effects, avoidable and unavoidable effects, and recoverable and unrecoverable effects, so as to expect the engineering circle to pay attention to the liabilities in other aspects and to provide an empirical analysis basisi for defining the liabilities for the damages caused by engineering.

 

 

 

 

SCANNING  ENGINEERING LIABILITIES FROM THE PERSPECTIVE OF AGGRIEVED PARTIES  Xiao Ping  Li Renxian  08年英国皇家工程院Workshop on Philosopliy and Engineering.

 

《工程研究》2010年第1期。