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Tongchuan: Upholding the Commitment to Maintain Public Welfare

Release time: July 08, 2019

Exploring the establishment of a public interest litigation system for procuratorial organs is a major decision-making arrangement made by the Party Central Committee at the Fourth Plenary Session of the 18th Central Committee of the Party. 7 1 日,全国人大常委会授权最高人民检察院在北京、陕西等 13 个省(区、市)开展为期两年的公益诉讼试点。 On July 1 , 2015, the Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate to launch a two-year public interest litigation trial in 13 provinces (autonomous regions, municipalities) including Beijing and Shaanxi . 6 27 日,全国人大常委会通过修改民事诉讼法和行政诉讼法的决定,确立检察机关对生态环境和资源保护、食品药品安全、国有财产保护、国有土地使用权出让等领域公益损害行为提起公益诉讼制度。 On June 27 , 2017 , the Standing Committee of the National People's Congress passed the decision to amend the Civil Procedure Law and Administrative Procedure Law to establish public welfare damage to the ecological environment and resources protection, food and drug safety, protection of state-owned property, and transfer of state-owned land use rights. Action filed a public interest litigation system.

In recent years, the procuratorial organs of Tongchuan City have adhered to the original intention of “people's prosecution for the people”, taking the concerns of the people as the focus of their work, and taking public interest litigation work as the procuratorial organ to keep pace with the times and serve the “growth poles” of the people. Promote the “breakthrough” in the reform and development of the procuratorial work in the new era, actively explore ways, grasp highlights, and build word of mouth, urge administrative agencies to administer according to law, resolve public welfare damage, and achieve full coverage of the five major areas of case handling, and gradually form the “procuratorial agency acts "Support, relevant departments' cooperation, and the support of the people" have achieved good results and achieved initial results.

年贯彻落实全省蓝天碧水,净土,青山攻坚保卫战,扎实开展四个专项监督 : 开展检察公益诉讼助力汾渭平原大气污染防治专项监督,让天更蓝 ; 开展携手清四,乱保护母亲河专项监督,让水更碧 ; 开展油煤污染土壤的专项监督,让土更净 ; 开展生态环境保卫战项监督,让山更青。 In 2018 , we carried out the province's blue sky, clear water, clear land, and green hills to defend the battle. We carried out four special supervisions : conducting prosecution public interest lawsuits to help special supervision of air pollution prevention and control in the Fenwei plain to make the sky bluer ; launching the Qing Dynasty together to protect mothers in disorder Special supervision on rivers makes water more clear ; special supervision on soil pollution by oil and coal makes the soil cleaner ; supervision on ecological and environmental protection campaigns is carried out to make mountains greener.

470 件,立案 374 件,提出诉前程序检察建议 377 件,发出民事公益诉讼公告 3 件,行政机关回复主动纠正违法 344 件。 As of now, the city's procuratorial organs have found a total of 470 clues for public welfare cases , filed 374 , filed 377 pre- litigation prosecution recommendations , issued 3 civil public interest litigation announcements , and administrative agencies responded to actively correct 344 violations of the law . 3 件,提起行政公益诉讼 2 件,保障和促进人民群众更多、更公平地享受到了改革发展所带来的成果。 The filing of 3 incidental civil public interest litigations and 2 administrative public interest litigations ensured and promoted the people to enjoy more and more fair results of reform and development.

Upholding the promise of "protecting green mountains and green mountains"

How to consolidate and develop the existing good ecology and no longer follow the old path of the past is the people's "yearning for a better life" is the concern of the people.

Tongchuan was built because of coal. It is the prototype of the "copper city" of the coal city in "Ordinary World". It has made a positive contribution to China's economic development. However, historically, the ecological environment has also suffered severely due to overdevelopment. Pollution is, therefore, what was once known as "invisible satellite" cities. After long-term governance, at present, the ecological goal of "green mountains, blue water, pure land and blue sky" has basically been achieved. Therefore, how to consolidate and develop the existing good ecology and no longer follow the old path of the past is the people's "yearning for a better life" is the concern of the people.

In recent years, the city's procuratorial organs have closely focused on the overall economic and social development of the city, taking public interest litigation as an important starting point to promote the city's “catch-up, transformation and development”, and have focused on promoting the construction of ecological civilization. Push National Health to consolidate and enhance special supervision activities, protect the "Taoqupo Reservoir Wetland Ecological Environment Special Supervision Activity", protect the "green hills, blue sky, clear water, pure land" to help prevent pollution, fight tough battles, and inspect public welfare litigation. Five special monitoring activities including Mother River. 7 月在办理漆水河排污案中,印台区主管副区长带队,区水务局环保局等多部门参与,从发出检察建议到污染整治完毕,仅用四天。 In July 2017 , in handling the Qishuihe sewage discharge case, the deputy head of the Yintai District led the team, and the Environmental Protection Bureau of the District Water Affairs Bureau and other departments participated. It took only four days from the issue of the prosecution recommendations to the completion of the pollution remediation.

年,耀州区人民检察院办理了一起刑事附带民事公益诉讼案件——李某某非法采矿案,被告人多次非法开采矿石达 16 万余吨,价值 160 余万元,不仅造成了国家矿产资源的流失,其无节制的采矿行为也极大地破坏了矿山地质环境。 In 2018 , the People's Procuratorate of Yaozhou District handled a criminal incidental civil public interest litigation case-Li Moumou illegal mining case. The defendant repeatedly illegally mined more than 160,000 tons of ore , valued at more than 1.6 million yuan, which not only caused the loss of national mineral resources. , Its uncontrolled mining behavior has also greatly damaged the geological environment of the mine.

During the handling of the case, the procuratorial organs and the functional departments of land, environmental protection, townships, etc. conducted in-depth on-site investigations, collected and fixed relevant evidence, and conducted detailed examinations of the authenticity, relevance, and legality of the evidence in accordance with the law. 168 余万元国家矿产资源损失及 36 万余元生态环境修复费用,取得了良好的法律效果和社会效果。 After the final trial of the case, the defendant, while under criminal prosecution, bears more than 1.68 million yuan of national mineral resources loss and more than 360,000 yuan of ecological environment restoration costs, and has achieved good legal and social effects.

100 余亩,实现了“办理一案、警示一片、惠及一方”的良好效果。 The Wangyi District Court focused on the typical cases of illegally occupying agricultural land in coal mines and carried out typical cases. By handling a case before the prosecution, the relevant departments were urged to centrally clean up and rectify the surrounding 11 coal yards and restore cultivated land. More than 100 acres have achieved the good effect of "handling a case, warning a piece, benefiting one party".

192.15 亩;复垦被非法改变用途基本农田 400 余亩;清理河道污染 3.5 公里;清理各类垃圾 720 余吨,向污染企业和个人索赔环境损害赔偿金 15 万元;督促相关单位向人民法院申请执行拖欠 255.96 万元的排污费;判决损坏破坏资源损坏环境的当事人赔偿国家矿产资源损失 168 万余元,赔偿环境修复费 36 万余元,补栽油松 15850 株,金丝柳 5280 株,取得了良好的成效。 In terms of promoting the construction of ecological civilization, procuratorial organs initiated public interest lawsuits to urge the restoration of 192.15 acres of damaged state-owned forest land; reclaimed more than 400 acres of basic farmland that had been illegally repurposed ; cleared 3.5 kilometers of river pollution ; and cleared more than 720 tons of various types of garbage Claim environmental damage compensation of 150,000 yuan from polluting enterprises and individuals ; urge relevant units to apply to the people's court for arrears of 25.596 million yuan in sewage charges; the parties who have been judged to damage the resources and the environment have been compensated for more than 1.68 million yuan in national mineral resources losses and environmental compensation The repair cost was more than 360,000 yuan, 15850 strains of Pinus tabulaeformis and 5280 strains of Golden Willow were replanted , and good results were achieved.

The original intention of "people's prosecution for the people"

, 也是检察工作的显著标志。 The people's stance is the fundamental political stance of the Communist Party of China , and it is also a prominent sign of procuratorial work.

198 件,提出诉前检察建议 194 件,发出民事诉前检察公告 2 件。 In recent years, the city's procuratorial organs have firmly established a people-centered development ideology, carefully studied and grasped the spirit of the General Secretary ’s important instructions, profoundly comprehended the new judgment of socialism with Chinese characteristics entering a new era, and the historic changes in the main contradictions of our society. The people's longing for a better life is the goal of the procuratorial work, focusing on the well-being of people's livelihood, focusing on the most direct and most realistic interests of the people, organizing and conducting problem vaccine investigations and "security on the tongue of millions of households" There were 198 clues for special litigation activities, 194 pre-litigation prosecution suggestions were made, and 2 pre-litigation prosecution announcements were issued .

128 件,发出检察建议 86 份,督促 200 余家外卖企业经营者将食品经营许可证、营业执照、主要原料等公开公示。 Among them, focusing on the "problem vaccine" incident and the safety of online catering foods, conducted key supervision of food safety in schools and kindergartens and other surrounding areas, found 128 clues for public interest litigation in the food and drug field , issued 86 procuratorial suggestions , and urged more than 200 takeaway companies. The operator will publicly announce the food business license, business license, and main raw materials.

16 份,督促整改河道管网 4 处,聘请专业消杀公司对沮河、漆水河进行 16 次集中消杀,有效清除了病媒生物滋生环境。 The Procuratorate of the New District, the Procuratorate of Wangyi District, and the District Market Supervision Bureau have addressed the problems of endangering students' food safety, such as school canteens and small workshops for food production and processing around the campus, small restaurants, food vendors, food sales shops, and school collective dining distribution units. Conducted joint supervision and inspection; the Yaozhou District Court conducted illegal discharges of drinking water source protection zones and polluted water bodies by sand mining in rivers. The procuratorial police officers went down the river to take samples, interviewed the people, and reviewed relevant information, and combined with the specific circumstances of the investigation. To take targeted protection measures, in response to the problems of polluted water quality and illegal sand mining along the river in the Qihe and Juhe ecological watersheds, a total of 16 procuratorial recommendations were issued , and four river channel networks were urged to be rectified . The killing company carried out 16 centralized killings of Ju River and Qishui River , which effectively eliminated the breeding environment of vector organisms. 3 条一线办案动态入选了 2018 6 14 日由最高人民检察院组织的“ # 走进一线检察官 # 直击公益诉讼办案现场”微博直播活动。 The three front-line case handling dynamics of the prosecutors and police officers were selected for the live broadcast of the " # 进 一线 检察官 # Straight on the scene of public interest litigation handling" organized by the Supreme People's Procuratorate on June 14 , 2018 .

Fulfill the mission of "Inheritance of the Red Gene"

Passing on the red spirit is not an empty word or slogan.

Tongchuan is the birthplace of Zhaojin spirit. As early as the early 1930s, the older generation of proletarian revolutionaries such as Liu Zhidan, Xie Zichang, and Xi Zhongxun created the Shaanxi-Ganbian Revolutionary Base, which is centered on gold, and left a glorious page in the history of Chinese revolution. It also left a precious "zhaojin spirit". This is the glory of Shaanxi and the glory of Tongchuan. 打造检察品牌”为引领,把“照金精神”融入血脉,化作前进道路上战胜各种困难和风险、推动检察工作创新发展的强大精神力量和宝贵精神财富,强化法律监督,维护公平正义,努力打造特色检察品牌。 In recent years, the city's procuratorial organs have taken the lead of "inheriting the red spirit to create procuratorial brands" as the lead, incorporating the "spiritual spirit" into their bloodstream, turning them into a powerful spiritual force and precious resources to overcome various difficulties and risks on the way forward and promote the innovative development of procuratorial work. Spiritual wealth, strengthen legal supervision, maintain fairness and justice, and strive to build distinctive procuratorial brands.

Passing on the red spirit is not an empty word or slogan. It is necessary to make good use of the red resources, consciously maintain the hero image, and use the law to defend the honor of heroes.

In the Prosecutor's Office of the New District of Yaozhou District, Tongchuan City, the reporter learned about the first public interest lawsuit in the field of protection in Tongchuan City.

2009 年自行修建,属于零散烈士墓,铜川市耀州区检察院新区检察室的检察官在现场勘查中发现,烈士墓园环境一片狼藉,无人管理。 Liu Linpu Martyr's Tomb is located in Jinyang Pojia Cemetery, Zhengyang Road Street Office, Xinqu District, Tongchuan City. It was built by his relatives in 2009 and belongs to the scattered martyrs' grave. The prosecutor of the Prosecutor's Office of the New District of Tongzhou City's Procuratorate is in the field investigation. It was found that the environment of the cemetery of the martyrs was messy and unmanaged.

The prosecutor Kerui, who was in charge of the case, recalled that he was still in a heavy mood: "At that time, weeds were overgrown, and domestic waste was everywhere. The porcelain base of the statue of Liu Linpu's martyr had been scattered everywhere, and a stone monument next to it was worn by cement. The sight of the entire martyr's tomb makes people feel run down ... "

Prosecutors believe that Martyr Liu Linpu was a hero martyr who sacrificed for national independence and the happiness of the people. , 破坏了烈士墓庄严、肃穆的环境 , 损害了社会公共利益。 The procuratorial organs believe that the civil affairs department's negligent supervision of the martyr's cemetery and failure to perform its duties have led to the torture of Liu Linpu's martyr's tomb. These situations have severely damaged the honor and dignity of the martyrs , and destroyed the solemn and solemn environment of the martyr's tomb . The public interest of society. In accordance with the "People's Republic of China Heroic Martyrs Protection Law" and the relevant documents of the Supreme People's Procuratorate, the Procuratorate of the New District established the case as an administrative public interest litigation case, and issued a pre-litigation inspection proposal to the local civil affairs department, recommending that the relevant departments actively perform their duties. Intensify supervision, earnestly perform management and maintenance duties, and protect the dignity and honor of heroes and martyrs and the public interest.

1 名保洁人员负责维持墓地日常环境卫生,烈士墓周围整体环境得到良好改善,切实维护了英烈尊严荣誉。 Under the supervision of the procuratorial organs and the coordination of the local civil affairs department, the cemetery of Martyr Liu Linpu was repaired, the surrounding open space was planted with green trees, and damaged monuments and other facilities were repaired and renovated. A special cleaning staff in the Juhe community is responsible for maintaining the daily environmental sanitation of the cemetery. The overall environment around the martyr's tomb has been improved, and the honor and honor of the heroes have been effectively maintained. After the case was reported by Shaanxi TV station, the case caused strong repercussions, and the people praised the prosecutor's approach, noting that the prosecutor was not only the inheritor of the red spirit and the red gene, but also the defender and escort of the red spirit in the new era.

The journey is full of wind, and the heavy task will be lifted again! Standing on the new journey of the new era, the Tongchuan procuratorial organs will jump up and reach the heights, use keen insight and the extraordinary breakthrough force to catch up with and move forward firmly, and strive to write a new chapter in Tongchuan procuratorial public interest litigation!

范恒民 编辑:王瑾) (Author: Tongchuan City People's Procuratorate Fan Hengmin Editor: Wang Jin)

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