Source: Supreme People's Procuratorate
The machines in the cab of the China-Europe train roared, the driving terms in the driver's mouth were coherent, and the gestures were non-stop. Behind the driver's seat, police officers of the Shenyang Railway Transportation Procuratorate held paper and pens, looked around, carefully observed, and registered clues about relevant external safety hazards along the railway.
At 8:03 a.m. on July 16, the X8055 China-Europe train locomotive slowly departed, and the inspectors of the "Tian Ride" China-Europe train also started the operation journey of the Shenyang Railway Transportation Procuratorate escorting the "China-Europe Express (Shenyang)".
In the cab of the China-Europe train, the procuratorial police looked around, carefully observed, and registered the clues of relevant external safety hazards along the railway.
It is reported that through the "addition" of the China-Europe train, the railway inspection cadres can observe in the cockpit of the train locomotive whether there are external hidden dangers affecting the safe transportation of China-Europe trains in the safety protection zones on both sides of the railway, collect clues in public interest litigation cases related to railway transportation safety production, supervise relevant functional departments to perform their duties in combination with the problems found, eliminate external safety hazards, and help China Railway Shenyang Bureau prevent and resolve various safety problems in the field of China-Europe train transportation safety production, so as to realize the safe transportation of China-Europe trains.
"Tiancheng" is only one of the ways for the Shenyang Railway Transportation Procuratorate to obtain clues in public interest litigation.
On April 22 this year, Wang Jiao, assistant procurator of the Third Procuratorate Department of the Shenyang Railway Transportation Procuratorate, received a call from the Shenyang Public Works Section of China Railway Shenyang Bureau Group Co., Ltd. The railway worker on the other end of the line appeared urgent, saying that the railway staff had discovered an additional drainage channel while patrolling the line. The drainage canal here is located along the China-Europe train, and the drainage canal mouth directly leads the stagnant water under the railway roadbed, affecting the settlement of the railway subgrade and endangering the transportation safety of the China-Europe train. But when railway workers were about to backfill the canal, they were stopped by local villagers. The solution to the problem was at an impasse for a while.
"Based on our close contact with the railway station sections for a long time to share clues, the staff of the public works section immediately thought of the railway transportation procuratorate when they encountered difficulties." Wang Jiao told reporters.
The party group of the Shenyang Railway Transportation Procuratorate attached great importance to this and immediately sorted out several key issues. Who is in charge of the jurisdiction where the crime occurred? Are drains in railway safety protection zones? Does the competent railway authority have an appraisal opinion on the hazard caused by water channels to the safety of railway transportation?
On April 27, Liu Shijie, secretary of the leading party group and chief procurator of the court, led the case-handling team to the scene of the canal to investigate and collect evidence. After investigation, it was found that without the consent of the railway transport enterprise and without signing a safety agreement, the villagers had dug a water channel about 50 meters long, about 1.5 meters wide and about 1 meter deep, posing a threat to the safety of railway transportation.
After collecting all the materials and evidence, on April 28, the Shenyang Railway Transportation Procuratorate filed a case in accordance with the law and sent a procuratorial proposal to the county government where the aqueduct was located. On the same day, the court also sent a letter to the prefecture-level municipal government to discuss and promote the county government to solve the problem of potential safety hazards here.
The Shenyang Railway Transportation Procuratorate and the railway department jointly held a meeting to promote the escort of the Shenyang China-Europe train to rectify external safety hazards.
After receiving the inspection recommendations, the territorial county government attached great importance to it and instructed the territorial town government to backfill the drainage canal here.
Later, the case team came to the scene again and found that although the drainage ditch had been backfilled, the water in the ditch outside the protected area had overflowed the ditch and flooded the cultivated land. The procurator is sensitive to the fact that the interests of the people may be touched behind this. By this time, some villagers had gathered around the ditch, fearing that the backfilling of the canal would affect the drainage of the cultivated land and the harvest of crops. "The aqueduct has existed in history, and it has been flowing here since I can remember, why don't you let it 'flow' now? Moreover, this section of the railway was built later, why should the 'first' make way for the 'later'? The villager's tone was slightly emotional.
After receiving the news that the ditch had been filled, the villagers gathered around the ditch, and Liu Shijie patiently explained the law to the villagers.
"Although it is a pre-existing water channel, after the later artificial widening and digging, the water flow capacity and impact volume are significantly increased, and it threatens the safety of the railway roadbed opposite, and there are great risks and hidden dangers to the safety of railway transportation and the safety of the people." We will ensure the safety of railway transportation in accordance with the law while taking into account the interests of the people's production and life. Liu Shijie patiently explained the law and reasoning to the villagers, and the villagers' emotions were calmed and they expressed their understanding.
Subsequently, starting from the scene of the case, the special case team rushed directly to the territorial government and put forward a proposal to take into account the interests of farmers, which was actively cooperated by the territorial government. The territorial government has established a work programme on this issue and decided to invest in new ditches for drainage as soon as possible, outside the railway safety protection zone, taking into account the interests of farmers and agricultural production.
The reporter learned that since the beginning of this year, the Shenyang Railway Transportation Procuratorate, based on its procuratorial function, has actively carried out the work of escorting the "China-Europe Express (Shenyang)", and signed the "Opinions on Promoting the High-quality Development of the "China-Europe Express (Shenyang)" with the Shenyang Freight Center, focusing on eliminating potential safety hazards along the Shenyang China-Europe Railway Line, strengthening coordination and cooperation in clue sharing and on-site investigation, and always keeping in mind the "great of the country", serving the construction of the Safe Railway and escorting the "Belt and Road". Up to now, the court has received 22 clues and filed 10 cases involving public interest litigation cases involving China-Europe trains.
"To serve the safe and smooth operation of the China-Europe Express (Shenyang), the railway inspection organs should earnestly shoulder their political responsibility, rule of law responsibility and procuratorial responsibility, and truly implement General Secretary Xi Jinping's emphasis on 'the construction of the rule of law should not only grasp the end and cure the disease, but also grasp the front end and treat the disease before the disease', so as to maximize the effect of case handling and contribute to the safe operation of the China-Europe Express (Shenyang)." Liu Shijie said to reporters.
(Source: Procuratorial Daily Rule of Law News Edition, authors: Zhang Zhe, Dou Xiaofeng, Wang Xing, Li Hongying)