"Farmland is farmland, and it must be good!"
At the beginning of last year, someone illegally took soil, dug sand and buried construction waste and domestic garbage in a certain agricultural land in Tongzhou, causing serious damage to the cultivated layer of about 18 mu of cultivated land, and the Tongzhou District Procuratorate focused on farmland protection, gave full play to the procuratorial functions of criminal and public interest litigation, and relied on this criminal case to support administrative organs to carry out ecological and environmental damage compensation work, and finally ensured that 18 mu of damaged cultivated land was effectively repaired.
distressed! Arable land was wreaked havoc
At the beginning of 2021, Pan hired others to illegally take soil, dig sand and fill construction waste and domestic garbage in an agricultural land in Tongzhou District, causing serious damage to the cultivated layer of about 18 mu of cultivated land. After appraisal, Pan Moumou illegally exploited 65383.4m³ of mineral resources, landfilled 23600m³, destroyed the planting area of 12145.80 square meters, and caused a total of 3074881 yuan of ecological and environmental damage.
Take the initiative to attack, play a good "first hand chess"
After the incident, the Tongzhou District Procuratorate took the initiative to guide the investigation organs to supplement and improve the evidence, and in the process of handling the case, it was found that the behavior of Pan X and others had caused serious damage to the ecological environment of the land and had infringed on the public interest of the ecological environment. While reviewing the criminal case, the Tongzhou District Procuratorate launched a civil public interest litigation procedure, sent a letter of case clues to the Tongzhou District Ecological Environment Damage Compensation System Reform Leading Group Office, and recommended the implementation of ecological environment damage compensation work, in July 2021, the group office determined that the Tongzhou Branch of the Beijing Municipal Planning and Natural Resources Commission (hereinafter referred to as the District Planning and Self-Branch) to carry out ecological and environmental damage compensation investigation and consultation.
During the consultation process, the Tongzhou District Procuratorate provided support to the District Regulation Self-Branch Bureau through on-site investigation and legal advice, and on the other hand, actively explained the law and reasoned to the compensation obligor and urged the performance of the repair obligation. In the end, the two parties reached a compensation agreement to perform the obligations of cleaning up and disposing of garbage and repairing the damaged land.
Cohesion, drawing "concentric circles"
The Tongzhou District Procuratorate actively cooperates with the District Public Security Sub-Bureau, the District Court, the District Ecological and Environmental Bureau, the District Planning And Self-Bureau, and the territorial government, and has participated in the promotion meeting of the ecological and environmental damage compensation work for many times, coordinating all parties to unite the joint efforts of public welfare protection.
In November 2021, the Tongzhou District Procuratorate and the District Ecological and Environmental Bureau jointly supervised to ensure that the landfill soil quality met the standards and garbage disposal standards, and jointly went to the scene to conduct in-depth verification and investigation of the completion of the restoration.
According to the procurator who undertook the case, the compensation obligor standardized the disposal of a total of 7606.9 tons of garbage, and landfilled the plot according to the norm and covered the cultivated layer. Finally, after the evaluation of a third-party agency, all the indicators of the plot were up to standard. The Agriculture and Rural Affairs Bureau of Tongzhou District issued an opinion to prove that the plot met the standards for resuming farming.
In order to improve the effect of land ecological protection, in December 2021, the Tongzhou District Procuratorate held a public hearing on public interest litigation procuratorial hearings, inviting people's congress deputies, people's supervisors and villagers' representatives to participate as witnesses. "The procuratorial organs have joined forces with various forces to repair the damaged land, effectively ensuring the safety of cultivated land and the regional ecological environment." The effect of farmland restoration and the work of all parties were unanimously recognized by the hearing staff.
Fully perform their duties and play a good "combination fist"
During the investigation of the case, the procurator visited the field and learned that Pan X signed a entrustment agreement with a company in Beijing to lease more than 100 mu of land, and the illegal occupation of land and sand dredging lasted for nearly half a year, and the village committees belonging to the two plots involved in the case were unaware of it, and the supervision and management were seriously lacking. In view of this situation, the Tongzhou District Procuratorate issued three procuratorial recommendations, suggesting that the villagers' committee and the company perform their duties according to law, strengthen supervision, and investigate and deal with illegal acts.
At the same time, the procurator found that some of the construction waste involved in the case came from a construction waste consumption site privately set up by a villager. After investigation, the territorial government has punished the violation, but it has not been effectively stopped. The Tongzhou District Procuratorate formulates and issues pre-trial procuratorial recommendations to the territorial government, recommending that the territorial government perform its duties in accordance with law and strengthen supervision work. After receiving the procuratorial suggestions, the territorial government quickly investigated and dealt with illegal acts, and took a number of measures to fully implement the responsibility for the management of construction waste in the township.
"In the process of handling cases, we fully integrate judicial functions and administrative functions, handle a case, and more importantly, we must govern one piece and protect social welfare in an all-round way." The relevant person in charge of the Tongzhou District Procuratorate said.
The case lasted only five months from consultation to restoration assessment, and effectively restored 18 mu of damaged arable land, providing a vivid practical model for the sub-central judicial organ and the administrative organ to coordinate and carry out ecological and environmental damage compensation work. In the future, the Tongzhou District Procuratorate will continue to strengthen its responsibility, enhance the joint force of public welfare protection, help protect cultivated land, and escort the construction of a green city in the sub-center.
Prosecutors popularize the law
What is compensation for ecological damage?
Ecological environment damage refers to the adverse changes in environmental elements such as the atmosphere, surface water, groundwater, soil, forests and biological elements such as plants, animals and microorganisms due to environmental pollution and ecological damage, as well as the degradation of ecosystem functions composed of the above elements. Compensation for ecological environmental damage is carried out by the compensation obligor (that is, the unit or individual who illegally caused ecological environmental damage) to repair the damaged ecological environment, and if the ecological environmental damage cannot be repaired, monetary compensation is implemented and used for alternative restoration.
The relationship between procuratorial public interest litigation and compensation for ecological and environmental damage?
The procuratorial public interest litigation system and the ecological environment damage compensation system are both oriented to ecological restoration responsibility, and the procuratorial organs' support for administrative organs to carry out ecological environmental damage compensation is an important embodiment of the procuratorial organs' legal supervision and guarantee role in the field of ecological civilization, with the purpose of strengthening the responsibility of the main body for violating the law and thoroughly implementing the rule of law requirements of "environmental value and damage responsibility".
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Source: Tongzhou Procuratorate