(Reporter Liu Lixin correspondent Zhang Youzhi) "Now the water in the moat is much clearer, and nearby residents like to come here to exercise." A few days ago, when cadres and policemen of the Weishi County Procuratorate in Henan Province went to the moat to "look back," Lao Wang, a resident who was walking by the river, said happily.
In August 2021, when the Weishi County Procuratorate carried out a special supervision activity to investigate the clues, it found that the government invested a lot of money to renovate the moat Hanoi, where a large number of floating objects gathered to block the river, the river water was black and green, and the smell was foul and choking.
Where is the source of pollution? After searching for clues without results, the Weishi County Procuratorate decided to start the "party building + public interest litigation" model, and immediately set up a special case team with the chief procurator as the commander-in-chief, the deputy director of the Fourth Procuratorial Department as the sponsoring procurator, and 6 party members as the backbone of the party's business as the team members, and set up a temporary party branch in the front line of case handling. In accordance with the established plan, the division of responsibilities is clarified, and the sponsoring procurator will conduct in-depth visits and investigations on major traffic routes, residential quarters, government organs and units, and nearby rural areas, while the clerk is responsible for assisting in the collection of evidence, questioning relevant witnesses, and recording the whole process of evidence collection.
During the investigation, the abnormal behavior of several nearby hotels attracted the attention of the case-handling personnel. The hotel normally has a special person to collect swill water every day, only a few hotels here do not see anyone to collect swill water for many days, according to nearby merchants, there is often a half-bucket truck parked here late at night, but no one knows where the vehicle is going.
The preliminary judgment of the case-handling personnel is likely to be the source of the moat pollution. Based on this, the provisional party branch of the Weishi County Procuratorate formulated a detailed work plan, carried a law enforcement recorder in accordance with the provisions of the procedure, arranged for 6 party members and police officers to organize night shifts, and every 2 people took turns to station in the hotel near the moat, monitoring and collecting evidence from the hotel, and solidly fixing the evidence.
In the early hours of the fourth day of the deployment, a half-bucket truck drove into the scene, equipped with multiple white buckets. An hour later, the buckets of water in the car were filled with swill water, and the car dumped all the kitchen waste such as swill water in the moat. Subsequently, under the supervision of procuratorial cadres and policemen, environmental protection law enforcement personnel arrested Li Mou, the driver of the half-bucket truck, on the spot.
After careful study of the case facts, the Weishi County Procuratorate held a pre-litigation consultation meeting on public interest litigation with relevant administrative law enforcement departments. In response to the unclear division of regulatory responsibilities and unclear legal basis reflected by the relevant administrative units, the court joined forces with the two administrative units and the township government of the place where the case occurred to invite county people's congress deputies, CPPCC members, and community representatives to hold a public hearing as witnesses. The case-handling personnel displayed the evidence of the investigation and the statutory basis for each functional department to perform their duties through PPT, pictures, and videos, and expounded and explained the handling process, factual determination, and application of law. The hearing officer inquired about the details in turn and issued a hearing opinion. In the end, all parties agreed that the Weishi Branch of the Kaifeng Municipal Bureau of Ecology and Environment, as the competent department for the ecological environment of the administrative region, has unified supervision and management responsibilities for the prevention and control of water pollution, and the bureau should take regulatory measures against the illegal acts and order the offenders to clean up and rectify the polluted rivers.
After reaching an agreement, the Weishi County Procuratorate issued a procuratorial recommendation to the Weishi Branch of the Kaifeng Municipal Bureau of Ecology and Environment, suggesting that it strictly perform its duties, take supervision and management measures against the illegal acts of the three hotels in accordance with the law, strengthen the daily inspection and protection of urban water bodies, strengthen supervision and publicity guidance, and prevent the occurrence of similar cases. After receiving the procuratorial suggestions, the environmental protection department attached great importance to it, and in addition to imposing administrative penalties on the relevant responsible persons, it also invited the procuratorial organs and community representatives to supervise the dredging and cleaning of the three hotels in this section of the river and restore the original appearance of the moat. A few days ago, the Weishi Branch of the Kaifeng Municipal Bureau of Ecology and Environment replied in writing to the procuratorial organs on the rectification of their duties.
【Source: Procuratorial Daily】
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