Qinghai Legal Daily, Legal Eye Reporter Zhang Xiaojuan
In October 2021, the mainland officially announced the list of the first five national parks, and Sanjiangyuan National Park was among them. The Yangtze River, the Yellow River and the Lancang River originate here, and the quiet river nourishes all things. Glaciers and snow-capped mountains, wetland meadows, desert Gobi deserts, and alpine environments have created unique ecosystems. Tibetan antelopes, wild yaks, Tibetan wild asses, and snow leopards run freely here, and the conservation value of the "Alpine Biological Natural Germplasm Resource Bank" is becoming increasingly prominent.
On June 28 this year, the first seminar on the construction of national parks served by procuratorial organs was held in Xining City. Leaders of the People's Procuratorates of Jilin Province, Heilongjiang Province, Fujian Province, Jiangxi Province, Hainan Province, Sichuan Province, Tibet Autonomous Region, Shaanxi Province, Gansu Province and Qinghai Province gathered together to share experience, build consensus and discuss good strategies on how the procuratorial organs can better serve the construction of national parks.
In recent years, the procuratorial organs of our province have conscientiously implemented the work deployment of the Provincial Party Committee and the Supreme People's Procuratorate on the construction of ecological civilization, keeping in mind the "great power of the country", insisting on taking ecological environmental protection as the priority direction of procuratorial duties, serving the construction of national parks with high quality and efficiency, and helping to build an ecological civilization highland.
In 2023, the provincial procuratorate will prosecute a total of 84 people for the crime of destroying environmental resources; 1,419 public interest litigation cases in the field of ecological environment and resource protection were filed and handled.
"Three extensions" to improve service quality and efficiency
Our province is the first pilot province of the national park system in the country, and the Sanjiangyuan National Park that has been built is the first batch of national parks in the mainland with the largest area. Behind the construction of national parks, it is inseparable from the legal guarantee of the procuratorial organs.
Photo by Zhang Xiaojuan at the scene of the first seminar on the construction of national parks served by procuratorial organs
The procuratorial organs of our province insist on focusing on politics and the rule of law, practicing the concepts of ecological priority, daring to supervise, performing duties in coordination and performing duties in accordance with the law in the construction of national parks, and consciously continuously optimizing the quality and efficiency of serving the construction of national parks with the "three extensions".
The People's Procuratorate of Dari County, Guoluo Tibetan Autonomous Prefecture, combined with regional characteristics, explored and innovated the "Sanjiangyuan Procuratorial Blue" linkage dispute resolution method, and integrated the pre-litigation diversified conflict resolution into the resolution of grass-mountain disputes and illegal mining of state-protected plants, and was rated as an advanced model of the "Fengqiao Work Method" by the Central Political and Legal Commission.
One day in January 2022, Ga, a herdsman in Dari County, and her husband Luo had a big fight with their neighbor Duo over a dispute over grass mountain.
Later, it was determined that Duo's injuries were minor injuries of the second degree, and Luo's injuries were minor.
Qu Ni Zhuoma, deputy chief procurator of the Dari County People's Procuratorate, gave Ga a detailed explanation of the plea leniency system, and Ga sincerely repented and signed a plea affidavit. The parties to this contradiction and dispute had deep grievances and complex causes, and the Dari County People's Procuratorate promptly drafted a mediation letter from the People's Mediation Committee and transferred the case to the local judicial bureau.
"Distant relatives are not as good as close neighbors, Ga is willing to compensate you, the yaks of your two families eat the grass of the same grassland and drink the same river water, what contradictions can't you sit down and talk?" Quni Zhuoma and the people's mediator came to explain the law to Duo. In order to completely open the knot between the two parties, the Dari County People's Procuratorate organized a public hearing and invited people's congress deputies, CPPCC members, and people's supervisors to participate in the hearing.
At the hearing, the procurator explained the law and reasoned, listened to the opinions of many parties, effectively resolved contradictions and disputes, and allowed the masses to distinguish right from wrong within the framework of the law. After listening to the report of the person undertaking the case, the hearing officers unanimously agreed with the procuratorate's decision not to prosecute Ga, which resolved the contradictions and disputes to the greatest extent. After the hearing, the parties shook hands and made peace.
Small cases make big achievements. The procuratorial organs of our province not only performed their duties in accordance with the law to protect the ecology, but also extended their services to the relevant parties in the case, making the water and soil more peaceful and comfortable.
At the same time, the Provincial People's Procuratorate has successively issued 12 special opinions on normalizing the construction of national parks, building an ecological civilization highland, and building a beautiful China pilot zone, and built three "procuratorial integration" cooperation circles serving Sanjiangyuan National Park, Qinghai Area of Qilian Mountain National Park, and Qinghai Lake National Park, and coordinated all work to serve the construction of national parks.
Innovate cross-regional protection mechanisms
Problems such as water pollution, destruction of the natural environment and wildlife resources in national parks such as the source of the three rivers, Qinghai Lake, and the Qinghai area of Qilian Mountain National Park often have the characteristics of "three crosses" across river basins, regions, and fields. The traditional model of procuratorial organs taking administrative divisions and territorial jurisdiction as the case-handling unit can no longer meet the practical needs of increasingly complex ecological and environmental protection governance. Based on the active nature of the national legal supervision organs, the Qinghai Provincial Procuratorate has actively innovated a cross-regional public welfare procuratorial protection mechanism for key ecological function areas that is in line with the priority concept of ecological environmental protection and the construction of national parks.
Inventory of illegally caught naked carp in Qinghai Lake
Since February 2022, ecological and environmental public interest litigation roving inspections have been carried out in the three areas of the three national parks: "One Piece" (Sanjiangyuan Area), "One Circle" (Qinghai Lake Rim), and "First Line" (Qinghai Area of Qilian Mountain National Park), and explored a new way to effectively solve the outstanding problems of ecological and environmental protection in the "Three Crosses" key ecological function areas of rivers and lakes across river basins, regions and regions, and management departments in the form of "territorial inspection + roving inspection + special governance".
Since the People's Procuratorate of Sanjiangyuan District of Qinghai Province established a roving procuratorial team for ecological and environmental public interest litigation, it has organized and carried out 146 roving inspections of relevant municipal and prefecture procuratorial organs in its jurisdiction, collected a total of 437 leads on cross-basin and cross-regional public interest damage cases, and filed 365 cases.
At present, the procuratorial organs of the national parks have set up a total of 19 stationed procuratorial offices to carry out regular inspection and supervision of the ecological and environmental protection in key areas and important areas.
Systematic governance to maintain biodiversity
The procuratorial organs of our province have actively integrated into the integrated protection and systematic management of mountains, rivers, forests, fields, lakes, grasslands, sand and ice, and helped maintain the biodiversity of national parks.
Household surveys
Maduo County, Goluo Prefecture is located in the core hinterland of Sanjiangyuan National Park, Huashixia Town of the county along the 25 kilometers of the Donggezona Lake Dema Expressway has a parking harbor (viewing platform) and public toilets, the surrounding herdsmen pump groundwater without approval to provide paid water refueling services for passing vehicles, passing tourists stop to feed the birds, resulting in frequent accidents of birds landing to forage for food and being run over by passing vehicles.
In May 2023, the People's Procuratorate of Maduo County, Goluo Prefecture, discovered the clue and opened a case for investigation. In June of the same year, a hearing was held, and after it was found that the rectification was not in place, the Maduo County People's Procuratorate issued a procuratorial recommendation to the Maduo County Bureau of Ecology, Environment and Natural Resources. Now, the parking bay (observation deck) 25 kilometers along the Dema Expressway in Donggezona Lake in Huashixia Town has been closed, public restrooms have been removed, and signs such as "No Feeding and Feeding Birds" have been set up, and wildlife habitats have been restored.
When handling the case of poaching wild yaks, the procuratorial organs of our province found that similar cases occurred in many places in the Sanjiangyuan region, and the poached wild yaks were used for breeding and crossbreeding, which involved the problems of the relevant departments not performing their duties properly and a small number of yak breeding enterprises operating in violation of regulations. The Provincial People's Procuratorate notified the Provincial Department of Agriculture and Rural Affairs and other departments of the situation, and deployed a special activity of "Strengthening the Public Welfare Judicial Protection of Wild Yaks" throughout the province.
In response to the frequent occurrence of the "bear infestation" problem in the Sanjiangyuan area, the provincial procuratorate filed and handled 58 administrative public interest litigation cases, promoted the introduction of 7 measures to deal with the "bear infestation" problem, set up 86 warning signs and signs, and improved 49 emergency plans, effectively solving the "bear infestation" problem.
The Provincial People's Procuratorate and relevant departments directly under the provincial government have successively established mechanisms for connecting public interest litigation prosecution and administrative law enforcement around key areas such as the construction of national parks, the protection of the Yangtze River and the Yellow River, and the protection of wild animals, and promoted relevant departments to formulate and improve 47 normative documents on management in relevant fields.
Establish a coordination mechanism with the People's Procuratorate of the Tibet Autonomous Region for the judicial protection of the ecological public interest on the Qinghai-Tibet Plateau.
The procuratorial organs of Hainan Tibetan Autonomous Prefecture and Haibei Tibetan Autonomous Prefecture have established a coordination mechanism for the protection of the ecological environment and resources of Qinghai Lake.
The provincial, state and county-level procuratorates have cooperated and worked together to build the first Przewalski's gazelle life protection channel in China.
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The handling of each case and the signing of a coordination mechanism are a true portrayal of the procuratorial organs of our province to play their procuratorial functions, take the initiative and perform their duties, and protect the national parks, the Yangtze River, the Yellow River and Qinghai Basin.
Just as Zha Qingjiu, secretary of the party group and chief procurator of the Provincial People's Procuratorate, said at the seminar, Qinghai is speeding up the construction of the Qinghai area of the Qilian Mountain National Park and the Qinghai Lake National Park, and Qinghai will become the only province in the country where three national parks are under construction. Ecological environmental protection has become the consensus of the whole province and the key to the rejuvenation of the province, and lucid waters and lush mountains are becoming Qinghai's advantages and pride.
Except for the signature, the pictures in this edition are provided by the Provincial People's Procuratorate
Editor: Daniel Zhang