Public welfare protection "Yu" is wonderful
-- Henan procuratorate building
A glimpse of the new brand work of public interest litigation
After setting foot on the land of the Central Plains and learning about the public interest litigation work of the Henan procuratorate, it is difficult to simply summarize the new exploration and new efforts of the procurators in the land of the Central Plains in one word——
They have the courage to innovate and make new explorations endlessly, so that administrative law enforcement and the legal supervision of procuratorial organs can achieve an effective connection;
They dare to show their swords, and in the face of difficult problems in public interest litigation, they can highlight the intensity of supervision in the form of "litigation";
They are open and integrated, and actively expand the "external brain think tank" to achieve the high-quality development of procuratorial public interest litigation.
"Henan procuratorial organs have conscientiously implemented Xi Jinping Thought on the Rule of Law, Xi Jinping Thought on Ecological Civilization and the deployment requirements of the Supreme People's Procuratorate, innovated and explored a new model of 'procuratorial +' public interest litigation, created a new engine for legal supervision of public interest litigation, and promoted the overall improvement of the quality and efficiency of supervision. During the interview, Duan Wenlong, secretary of the party group and chief procurator of the Henan Provincial Procuratorate, said clearly.
innovation
Enrich public interest litigation with "procuratorial +".
Practical and theoretical samples
At the beginning of this year, the Henan Provincial Procuratorate received an invitation for cooperation from the Henan Provincial Department of Natural Resources to explore the implementation of the "Tian Chang + Procurator General" system. Why is there such an invitation for cooperation? We should start with the harnessing of the Yellow River.
The Yellow River meanders through the central part of Henan Province. For a period of time, the Yellow River basin has been characterized by indiscriminate occupation, mining, piling, and construction. Under the unified leadership of the Supreme People's Procuratorate and the Ministry of Water Resources, the Henan Provincial Procuratorate, the Yellow River Water Conservancy Committee of the Ministry of Water Resources, and the Provincial River Chief's Office initiated the initiative to launch a special action to "work together to clear the four chaos and protect the mother river" with the procuratorial organs and the river chief's office along the Yellow River.
In this process, the Henan Provincial Procuratorate and the Provincial River Chief Office have explored and established a new model of "River Chief + Procurator General" to govern the river according to law, giving full play to the respective functional advantages of procuratorial supervision and administrative law enforcement, and gathering and protecting the joint force. This reporter has learned that over the past five years, Henan's procuratorial organs have handled nearly 6,000 public interest litigation cases in the water-related field, and that the procuratorial organs of the 10 provinces and municipalities along the Yellow River have all set up cooperative organizations with the river affairs departments, and new breakthroughs have been made in coordination and cooperation.
In fact, the "river chief + chief prosecutor" mechanism is not limited to the Yellow River Basin. Not long ago, the Qingfeng County Procuratorate used the "river chief + chief prosecutor" mechanism to carry out inspections on the Wei River, and found clues that there were illegal structures in the river before the flood season, and then urged the river basin management agency to complete the rectification within 15 days through the pre-litigation procedure.
"In response to the failure to fully and fully perform their duties after the expiration of the rectification time limit, we have filed administrative public interest litigation in accordance with the law to promote the full performance of duties by administrative organs in accordance with the law, and effectively ensure the safety of flooding in the Weihe River Basin. Kong Nai, a full-time member of the Inspection Committee of the Qingfeng County Procuratorate, told reporters.
During the interview, the reporter learned that in order to solve the problem of river basin governance, the Henan procuratorate also explored the implementation of centralized jurisdiction over public interest litigation cases in the Yellow River Basin in the province. Luo Rui, head of the Eighth Procuratorate Department of the Henan Provincial Procuratorate, told reporters that at present, environmental resources public interest litigation cases in 51 counties and districts in 10 provincial municipalities in Henan Province are under the jurisdiction of the Railway Transport Procuratorate.
In April this year, the Zhengzhou Railway Transport Branch of the Henan Provincial Procuratorate cooperated with relevant departments to carry out special supervision activities on biodiversity conservation in the Yellow River Basin in the province.
In the view of Feng Yuewei, secretary of the party group and chief procurator of the Zhengzhou Railway Transportation Branch of the Henan Provincial Procuratorate, giving full play to the advantages of centralized jurisdiction, the procuratorial organs can coordinate with local judicial organs and administrative organs to participate in the governance of the ecological environment for problems found in the handling of cases.
The new model of "river chief + procurator general" governing rivers according to law is in full swing. At the beginning of 2021, the Henan Provincial Procuratorate took the initiative to connect with the Provincial Forest Chief Office, the Provincial Forestry Bureau and other relevant functional departments to explore the establishment of a "forest chief + chief prosecutor" mechanism.
"At present, 177 of the 185 procuratorates in the province have established a 'forest chief + chief prosecutor' working mechanism with the local forest chief's office. Luo Rui said that the above-mentioned procuratorial organs also carried out special supervision activities related to forest-related nature reserves around the five key contents of ecological governance, wetland protection, protection of ancient and famous trees, protection of public welfare forests, and biodiversity protection.
Flowers bloom inside the wall, fragrant outside the wall. After the "River Chief + Procurator General" mechanism and the "Forest Chief + Procurator General" mechanism produced a good demonstration effect, other departments also came to visit, so there was the aforementioned invitation for cooperation.
"At present, we have officially countersigned the "Opinions on Establishing a Coordination Mechanism for Administrative Law Enforcement of Natural Resources and Procuratorial Public Interest Litigation", and actively carried out special actions in areas such as cultivated land protection. Lowry told reporters.
In the view of Tian Kai, deputy secretary of the party group and deputy procurator general of the Henan Provincial Procuratorate, the "procuratorial + administrative" rule of law escort work model has become a new brand of Henan Provincial Procuratorate's public interest litigation work, and has promoted the solution of a large number of public interest protection problems that are difficult to solve by administrative means alone.
Bright Sword
Take filing a lawsuit as well
Rigid means to protect the public good
Procurator General Ying Yong pointed out at this year's seminar for senior prosecutors that public interest litigation procuratorial focus on highlighting "precision" and "standardization", highlighting the handling of cases in statutory fields, handling more influential and effective cases, and daring to reflect the guidance of judicial values with the confirmation of "litigation".
In the view of Li Shuqi, deputy procurator general of the Anyang Municipal Procuratorate: "The procuratorial organs should improve their political position, strengthen the concept of 'prosecuting one case and promoting treatment', not excessively pursue the pre-trial rectification rate, adhere to the result-oriented, and take litigation as a rigid guarantee given by law." ”
In September this year, the Supreme People's Procuratorate released a number of typical cases of public interest litigation for cultivated land protection, and the Tangyin County Procuratorate was selected for the administrative public interest litigation case of urging the protection of basic farmland.
In October 2019, the A Rural Professional Cooperative in Tangyin County (hereinafter referred to as "A Cooperative") illegally occupied basic farmland to build a breeding farm in the south of Duanzhuang Village, Yigou Town, Tangyin County, without approval, and hardened part of the ground, depriving the basic farmland of cultivation conditions.
On March 10, 2021, the Natural Resources Bureau of Tangyin County imposed an administrative penalty on Cooperative A. Because Cooperative A failed to fulfill the penalty decision, the Tangyin County Natural Resources Bureau applied to the county court for compulsory enforcement in June of the same year. The court ruled that the local Yigou Town Government should organize the demolition of the illegal farm. However, as of early December 2022, the town government has still not fulfilled its duties in accordance with the law.
On December 28, 2022, the Tangyin County Procuratorate filed an administrative public interest lawsuit against the Yigou Town Government in accordance with the law, and issued a pre-trial procuratorial recommendation to the town government in accordance with the law, urging it to implement the court's ruling, perform its duties in accordance with the law, and organize the implementation of the demolition of the illegal farm. Within the statutory time limit, the town government did not respond to the prosecutor's suggestion and did not take effective measures to demolish the illegal farm.
On March 17 this year, the Tangyin County Procuratorate filed an administrative public interest lawsuit with the county court in accordance with the law, requesting that the Yigou Town Government be ordered to fully perform its basic farmland protection and management duties in accordance with the law. On April 24, the county court upheld the procuratorate's request and ordered the Yigou town government to perform its duties within 20 days of the verdict taking effect. After the verdict came into effect, the Tangyin County Procuratorate continued to follow up, and the town government demolished the illegal farm and completed the recultivation.
In September this year, the prosecutor of the Tangyin County Procuratorate conducted a "retrospective" review of the basic farmland involved in the case, and all the farmland has been restored.
The reporter noted that in connection with the handling of the case, the Tangyin County Procuratorate also conducted an investigation into the illegal occupation of cultivated land in the county. Relevant departments have set up a special supervision working group for the "non-grain" management of cultivated land, and supervised the restoration of more than 300 acres of basic farmland.
During the interview, a number of procurators told reporters that after formulating and issuing procuratorial suggestions, in the face of false rectification, superficial rectification, and inadequate implementation of rectification in individual administrative organs, procuratorial organs should dare to show their swords and initiate administrative public interest litigation in accordance with the law. It is understood that since the beginning of this year, the Henan procuratorate has filed 50 administrative public interest litigation cases in the form of lawsuits to safeguard public interests.
Mutual integration
Collaborate interactively
Promote the innovative development of public interest litigation
What are the new explorations made by the procuratorial organs in realizing the innovative development of procuratorial public interest litigation? Henan procuratorial organs have embarked on a path of combining research and case handling, jointly building with colleges and universities, and continuously strengthening the integration of procuratorial studies, research and joint construction.
Collaborate in carrying out research on special legislation for public interest litigation. The Henan Procuratorate and Zhengzhou University jointly hosted the "Seminar on Special Legislation for Public Interest Litigation and the Construction of an Academic System for Public Interest Litigation with Chinese Characteristics", which attracted wide attention from the academic and practical circles.
Jointly promote the construction of public interest litigation law discipline with Zhengzhou University. The Henan Provincial Procuratorate and Zhengzhou University jointly established the Procuratorial Public Interest Litigation Research Institute, jointly promoted Zhengzhou University to open an undergraduate course in public interest litigation law, and set up a full-time master's degree program in public interest litigation, which was approved as the first independently established doctoral program in public interest litigation law in an ordinary university in China in 2022, and has now begun to enroll.
Effectively play the role of public interest litigation expert think tanks. The Henan Provincial Procuratorate has hired more than 10 experts from Zhengzhou University, Henan University and other universities as public interest litigation practice guidance experts to participate in the practice of public interest litigation and provide strong intellectual support for case handling.
During the reporter's interview in Henan, it coincided with the research and internship of students from Zhengzhou University in the procuratorial public interest litigation innovation practice base set up by the Puyang Municipal Procuratorate.
"The integrated mechanism of inspection, study and research can give us the opportunity to practice and handle cases that are not in the textbooks. Handle cases in the course of study, study in the course of case handling, and truly realize the integration of theory and practice. Meng Niefan, a 2022 procedural law student at the Law School of Zhengzhou University, told reporters.
In addition to co-construction with colleges and universities, the Henan procuratorate has also broadened the sources of clues, so that the people's congress deputies can become the "external brain think tank" of the procuratorial organs.
"We have established a two-way mechanism for the convergence and transformation of the suggestions of the people's congress deputies and the procuratorial suggestions of public interest litigation. Wang Zhentao, director of the Seventh Procuratorate Department of the Puyang Municipal Procuratorate, told reporters: "Focus on the prominent problems of public interest damage that the people have strong reactions to, dig out case clues from the suggestions of the deputies, and transform them into public interest litigation procuratorial suggestions through case handling; ”
Talking about the next step, Duan Wenlong said that the Henan procuratorate will continue to adhere to the "political perspective and focus on the rule of law", handle every case with high quality and efficiency, and continue to promote the modernization of public interest litigation procuratorial work.
(Source: Procuratorate Daily News Edition Author: Zhuang Yonglian Single Pigeon Liu Lixin)