Lai Hui, chief procurator of the procuratorate of Boluo County, Huizhou City, Guangdong Province. (Image source: Courtesy of the interviewee)
"At four o'clock in the spring under Luofu Mountain, Lu Orange Bayberry was new. Three hundred litchi in a day, not to quit being a Lingnanian. The poems of the Northern Song Dynasty poet Su Dongpo made Luofu Mountain, known as the "ancestor of the hundred Yue mountains", famous in the world.
Located in Boluo County, Huizhou City, Guangdong Province, the forest coverage rate of Luofu Mountain is as high as 95%, which is the main body of boluo forest ecosystem and the treasure house of biodiversity, an important support for ecological environment quality and the skeleton of ecological security pattern, and plays the ecological matrix and "green lung" function in the urban life support system.
In March 2020, Lai Hui came to the procuratorate of Boluo County, Guangdong Province. When she first arrived, she knew very well that in this civilized city at the county level in the country, it was her unshirkable duty to guard the green mountains and rivers in the name of procurators.
1 Create a "three-life" brand
"Fang Yuan": It is understood that the Boluo County Procuratorate created the brand of "Luofu Mountain's 'Sansheng' Procuratorate" in July 2020, can you introduce the original intention of building this brand?
Lai Hui: In March 2020, I came to the Boluo County Procuratorate to take up a position. At that time, the new crown epidemic was more severe, and the first thing I did was to go to the Luofu Mountain Management Committee and various townships to investigate and visit to understand the epidemic prevention and control situation in various places. In this process, I realized that it is imperative to strengthen the judicial protection of the ecological environment.
In July 2020, in order to fully implement the three-year special supervision activity of "Public Interest Litigation to Safeguard a Better Life" carried out by the Supreme People's Procuratorate, our institute combined the goal of integrating and mutually growing the "three-life" industry in Luofu Mountain in development and protection proposed by the Party Committee and Government of Boluo County, and innovatively created the "Three Lives" procuratorial brand under Luofu Mountain.
The "three-life" industry of Luofu Mountain refers to the industry around Luofu Mountain that is highly related to ecology, life and life. From the perspective of procuratorial work, "three lives" is to understand "three lives", "one life" is to give play to the function of public interest litigation work, and actively respond to the people's new expectations for a better life; "two lives" is the responsibility of public interest representatives, striving to protect the boluo ecological environment; "three lives" is the name of procuratorate, safeguarding the interests of the masses, protecting the lives, health and safety of the masses.
Fang Yuan: In terms of brand building, what requirements did you put forward?
Lai Hui: I think the key to doing a good job in procuratorial work lies in "people", that is, forging a procuratorial team that the people can trust and rely on. I often told the cadres and policemen in the hospital that we should do procuratorial work in the spirit of "everyone doing their best and seeking the ultimate in everything."
In order to temper business skills and make young cadres and policemen more energetic and "promising", our institute has built a "124 young cadre growth platform" and a "red performance platform", established a "Bo inspection talent archive", explored useful attempts such as quantitative evaluation of talent growth, talent selection and incentive mechanism, and built a young cadre training model focusing on "theory + practice", so that outstanding young cadres and police officers can move forward "in place".
I also put forward strict requirements for how to do excellent and strong procuratorial work, that is, to give play to the function of accurate supervision of procuratorial organs and implement a refined case-handling mechanism. For example, in order to further implement the "Three Lives" brand under luofu mountain and strive to protect the goal of boluo ecological environment, we have created a sub-brand of "bo inspection public welfare embroidery luofu", of which the word "embroidery" refers to the meaning of refinement.
Handling the case is a delicate job, and it should be treated like embroidery. Therefore, in the process of handling cases, I always require procurators to fine-tune the public interest litigation clues feedback from the people, and also to handle cases in a refined manner, so as to treat every clue and every case with the ultimate case-handling concept. In addition, I have always asked myself and the cadres in the hospital to go deep into the front line to take the lead in handling cases, and form a good situation in which the first goose leads the way and the hundred geese fly together.
"Fang Yuan": How to understand the fine handling of cases?
Lai Hui: Let me give you an example here, the Huizhou Municipal Procuratorate has developed a "public interest litigation shoot" WeChat mini program, which specially opens a port for each grass-roots procuratorate and has a separate account. After the Mini Program was launched, the courts at the two levels of Huizhou City and county (district) publicized and popularized it to the masses through multiple channels such as distributing brochures, two micro-terminals, etc., and guided the masses to upload clues that harmed public welfare.
At the same time, our hospital has carried out refined management of the reporting clues, arranged special personnel to check the upload of case clues every day, and required the person in charge to reply to each clue within the specified time. For valuable clues, the prosecutor will continue to follow up and carry out the preliminary investigation.
For case leads that are not easy to grasp, we will start a joint meeting of procurators, exert collective wisdom to study and judge the clues, assess the value of the reporting clues from multiple angles and in an all-round way, and do not let go of any clues.
2 Form a large pattern of ecological protection
"Fang Yuan": It is understood that the public interest litigation case on the protection of drinking water sources in the Dongjiang River Basin handled by the Boluo County Procuratorate was rated by the Supreme People's Procuratorate as a typical case of special supervision activities for public interest litigation to protect a better life.
Lai Hui: On September 30, 2020, the Huizhou Municipal Procuratorate, our hospital, and the Huicheng District Procuratorate formed a joint case-handling team to investigate the case of pollution of the drinking water source protection area in the Dongjiang River Basin reported by the masses. In the process of handling the case, the joint case handling team found that there were problems in the protection of drinking water sources with the overlapping functions of multiple administrative departments and inadequate supervision.
Later, under the guidance of the Huizhou Municipal Procuratorate, Wu Zijing, deputy procurator general in charge of our hospital, led the cadres and policemen to inspect the Entire Dongjiang River by boat, and carefully inspected the environmental situation in the upper and lower reaches of the six water intakes of the Dongjiang River, as well as the illegal construction and illegal discharge of pollutants on both sides of the strait. In the form of fragmentation and drying, four procurators were organized to conduct carpet inspections of 428 sewage outlets into the river and 11 reservoir water source protection areas in 7 towns along the East River, and comprehensively checked the sources of drinking water pollution.
Subsequently, we learned from the relevant administrative organs about the distribution of sewage outlets into the river and enterprise sewage outlets in the county, followed up the construction of sewage treatment facilities and network management, and joined hands with administrative organs to form a joint force for pollution control.
Under the overall planning of Huizhou City, our hospital issued pre-litigation procuratorial suggestions to the relevant administrative departments and town governments to supervise the performance of duties in accordance with law. After receiving the procuratorial suggestions, the relevant departments of the Huicheng District and Boluo County governments held rectification work meetings several times, arranged more than 60 million yuan of special expenses, and classified and implemented measures according to the pollution problems in the drinking water source protection area pointed out in the procuratorial suggestions, and rectified the sales numbers one by one.
Through case handling, the joint case handling team promoted the establishment of a multi-departmental coordinated supervision mechanism in Huizhou City's drinking water source protection area, and Huicheng District and Boluo County established a "river chief + procurator general" system, and established a number of working mechanisms such as normalized inspection and supervision, information resource liaison and sharing, and joint special rectification.
On September 9, 2021, at a press conference on "Protecting the People's Beautiful Life and Contributing to the Public Interest Procuratorial Force", the Supreme People's Procuratorate proposed that the typical significance of the case lies in the fact that the procuratorial organs at the two levels in Huizhou give full play to the advantages of the integration of the upper and lower levels, integrate the public interest litigation case-handling strength of the two levels of the courts, and promote the all-round treatment of the pollution problem in the city's drinking water source protection area with points and aspects.
3 Summarize and reflect on each case
"Fang Yuan": In terms of promoting administrative procuratorial work, how does the Boluo County Procuratorate practice the concept of "accurate supervision"?
Lai Hui: On the one hand, we jointly signed the "Specific Implementation Opinions on Establishing and Improving the Communication and Liaison Mechanism between the Procuratorate and the Federation of Industry and Commerce" with the Boluo County Federation of Industry and Commerce, formulated a round table system, and relied on the liaison mechanism and consultation mechanism to solve the problem of irregular law enforcement and law enforcement difficulties with administrative organs.
On the other hand, in accordance with the requirements of administrative organs and judicial organs, we are problem-oriented, and from time to timely visit administrative organs such as natural resources, environmental protection, market supervision and management, agriculture and forestry in counties, as well as the Huicheng District Court and the Boluo County Court, on individual and similar case issues, and build a mechanism for meeting and solving problems in the same hall, so as to enhance mutual trust and understanding between administrative organs and judicial organs.
In addition to strengthening communication and coordination, we have actively expanded the field of administrative non-litigation enforcement supervision cases, strengthened the supervision of administrative law enforcement, played the role of "one hand to support two families", and strived to achieve the conclusion of the case and the peace of government. We often take small special projects as the starting point, according to the responsibilities of the department to carry out non-litigation enforcement supervision, in 2020, our hospital will successively go to the county environmental protection bureau, the county natural resources bureau and the county court to retrieve the file for review.
"Fang Yuan": In the course of administrative procuratorial work, what typical cases has the Boluo County Procuratorate handled?
Lai Hui: Our hospital once handled a case in which an environmental protection penalty of a factory terminated the supervision of illegal non-litigation enforcement, and was selected as one of the top ten typical cases of administrative non-litigation enforcement supervision in Guangdong Province in 2020. In July 2019, when visiting functional departments such as natural resources and ecological environment, we found that a case that the county environmental protection bureau had applied for compulsory enforcement by the county court since 2017 was not in place, so we started the supervision procedure according to law.
After verification, we learned that a factory (individual household) in Luoyang Town, Boluo County, operated by Jin Mou, was mainly engaged in lighting processing and production, and put into production without authorization under the condition that the supporting pollution prevention and environmental protection facilities were not built, which violated the provisions of the "Regulations on the Management of Environmental Protection of Construction Projects".
In December 2016, the county environmental protection bureau imposed an administrative penalty on Jin, ordered the suspension of production, and imposed a fine of 100,000 yuan, which was later filed and enforced by the county court. In 2018, the county court ruled to terminate the enforcement on the grounds that Jin had no other property available for enforcement.
After investigation, we found that in the process of enforcement, the county court inquired about Jin's property and found that Jin had a car and bank deposits under his name to be executed. However, the county court did not take enforcement measures such as sealing, freezing, or seizing the identified property. Therefore, our court submitted a procuratorial recommendation to the county court, suggesting that the county court take effective enforcement measures to implement the administrative punishment decision in this case.
After the county court received the procuratorial recommendation, it resumed enforcement ex officio and promptly froze Jin's bank account and vehicle. In the process of implementation, Jin claimed that he was in financial difficulties and applied to the Boluo Environmental Protection Bureau for a reduction or reduction of the penalty late fee, and the Boluo Environmental Protection Bureau made a reply letter and agreed to waive the late fee. Considering the normal operation needs of a jin enterprise, we did not supervise and deal with the late fee matter. In the end, Jin paid a penalty of 100,000 yuan and an execution fee.
In addition to this case, another non-litigation enforcement supervision case handled by our hospital was also selected as one of the top ten typical cases of administrative non-litigation enforcement supervision in Guangdong Province in 2021.
Fang Yuan: What is the significance of successfully handling these cases for the Boluo County Procuratorate?
Lai Hui: As far as the grass-roots courts are concerned, there are very few case leads in which the parties take the initiative to apply for administrative procuratorial supervision. In order to find clues to the case, we will take the initiative to discuss and communicate with the court and administrative organs, and also explore the source of the case from multiple channels such as the China Judgment Document Disclosure Network and the Platform for connecting the two laws.
In order to improve the level of case handling, procurators have also slowly learned to summarize and think in each case, such as carefully analyzing and judging cases, sorting out typical significance, and achieving the effect of handling one case and governing one piece.
For example, by analyzing the reasons for the success of multiple cases, we can find similar problems in similar cases, formulate and issue targeted procuratorial suggestions, and promote relevant departments to solve some hidden or untimely problems.
This article is the original manuscript of "Fangyuan" magazine, please indicate the author in a conspicuous position when reprinting, and indicate the source: Fangyuan (ID: fangyuanmagazine).
Editor 丨Xiao Lingyan Fang Jiajia design 丨Liu Yan
Wen 丨 Jiang Jiao
Correspondent 丨 Yang Ruhuan Liang Haijuan
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