Public interest litigation to help the protection of cultural relics
Author:China Cultural Relics News Time:2022.06.28
Recently, the Procuratorate of Zhoushan City, Zhejiang Province invited the city and district cultural relics departments to hold a public hearing on the feasibility protection plan of the city -level cultural relics protection point for the protection point of the city -level cultural relics protection point. At the meeting, the cultural relics protection experts, Yixin was a public volunteer and representatives of the People's Congress at all levels, and members of the CPPCC. Detectors and cultural relics protection experts have put forward constructive opinions and suggestions on whether the cultural relics are effectively protected and how to give play to the value of local cultural relics. This is the first time that Zhoushan City has promoted cultural relics repair projects and cultural relics safety in the form of public interest litigation.
On September 8, 2021, the "Kuangqiao Bridge Cultural Heritage Cooperation Action" was held here, and the local people were "onlookers."
"This job is so good, not only let us re -understand the history and value of the bridge, but also remind us to love the cultural heritage around us." A mass said.
The "Guardian Gallery Bridge Cultural Heritage Cooperation Action" was jointly carried out by the People's Court of Jingning Dai Autonomous County, People's Procuratorate, Public Security Bureau, Cultural and Radio and Television Tourism Sports (Cultural Relics) Bureau, including joint establishment of judicial protection cooperation mechanisms and hiring "National Security Corridor Bridge "Bridge chief, establishing one bridge, one code, joint publicity and protection and other series of content.
Jingning, the hometown of gallery bridge deep in the mountains, 42 wooden corridor bridges in the county, among which there are 8 national key cultural relics protection units.
Next to the lower bridge of the key cultural relics protection unit in the country, the "Bridge Director" announcement of the person responsible for the safety of the cultural relics of Dongkeng Xiaqiao has been erected, and the names and contact information of the person in charge of the person in charge of the bridge, the direct responsible person, and the person in charge of the safety responsible are marked. At the same time, as long as the QR code on the publicity sign is scanned, the relevant information of the bridge can be obtained.
The establishment of the "bridge system" has achieved normalization of the bridge and bridge. The "bridge commander" is held by the head of the local government, and is responsible for the daily inspections and feedback of the gallery bridge.
At the event, Jingning Dai Autonomous County Court, Procuratorate, Public Security Bureau, Public Security Bureau, Cultural and Radio and Television Tourism Sports (Cultural Relics) Bureau jointly signed the "Implementation Opinions on Establishing the Language and Bridge Cultural Heritage Protection Judicial Cooperation Mechanism" to give full play to the role of judicial judicial protection in the protection of cultural relics protection , Promote the effective connection between administrative law enforcement and justice, and improve the level of cultural heritage protection of administrative law enforcement and judicial service corridors.
"We will continue to promote the full coverage of the bridge length of the county's" National Insurance Gallery Bridge ', and increase measures to protect the role of illegal construction and damage within the scope of the cultural relics. The person in charge said.
The wooden arcade bridge is an important part of my country's cultural heritage. At present, more than a hundred wooden arch bridges are preserved in counties and cities in northern Fujian, southern Zhejiang.
It is understood that at the end of 2021, in order to give play to the judicial functions of the people's court in the protection and utilization of cultural relics and the protection of cultural and natural resources, under the guidance of the Supreme People's Court, the Fujian Provincial Higher People's Court and the Zhejiang Higher People's Court in Fujian Province Life Province Ningxianxian Party Township held a synergy and signing ceremony for Judicial Cooperation and Signing Ceremony of Langqiao Cultural Heritage. The Ningde Intermediate People's Court, the Nanping Intermediate People's Court and the Wenzhou Intermediate People's Court in Zhejiang Province, and the Lishui Intermediate People's Court reached an opinion on promoting the Judicial Cooperation of Langqiao Cultural Heritage Protection in Fujian and Zhejiang. Investigation and evidence collection of bridge cultural heritage trials, joint mediation, commission appraisal, document delivery, letters involved in the processing of letters and visits, and implementation work, expand the scope of commission matters, facilitate judicial practice cooperation, and promote the optimization of the collection of cases of case handling. Graduation of judicial resource sharing, co -construction of mutual assistance platforms, the same risk hazards, prominent issues, coordination mechanisms, and work measures with the same business measures.
In June 2020, the Shaanxi Provincial People's Procuratorate and the Provincial Cultural Relics Bureau jointly issued the "Opinions on Cooperating Promoting Procuratorate Procuratorate Promoting Cultural Relics Protection" (hereinafter referred to as "Opinions"). "Decision to strengthen the work of procuratorial public interest litigation" clearly explicitly incorporate cases of historical and cultural monuments and cultural relics protection into public interest litigation, Shaanxi has launched another major measure in historical and cultural monuments and cultural relics protection public interest litigation work.
《意见》从信息共享、办案联动、起诉应诉、宣传培训、沟通联络五大方面,列出案件线索移送、工作信息共享、重大情况通报、定期反馈、配合支持、磋商机制、检察建议、诉前A total of 15 specific contents of communication, active prosecution, active response, propaganda guidance, training and exchange, joint meeting, daily liaison, and special actions are required to follow the implementation of procuratorial organs, cultural relics departments and Xi'an Railway Transport Procuratorate at all levels.
After Shaanxi made the "Decision on Strengthening the Procuratorate's Public interest Litigation", the procuratorial organs and cultural relics departments heard the news. In just over three months, the province has carried out several cultural relics public interest litigation. The launching ceremony of the special activities of public interest litigation in Yokoshan District, Yulin City announced that "the decision to protect the Great Wall Cultural Heritage Procuratorate Public interest litigation" was announced, and the first "Cultural Relics and Cultural Heritage Public Welfare Investigation Office" was established in Shaanxi; The pre -procuratorial proposal of public interest litigation announced on -site announcement was announced. This was the first time that the hospital announced that it had been delivered to cultural relics protection procuratorial proposals.
In 2020, the Second Procuratorate of the People's Procuratorate of the Dagong County People's Procuratorate of the Datong County, Qinghai Province, to the National Key Cultural Relics Protection Unit of Datong County, the Datong North Horse Farm Section of the Great Wall The Zhuang Site, Guanghui Temple, etc. have conducted field supervision and inspection on the relevant problems in cultural relics protection management in recent years. The "Procuratorate of Cultural Relics Protection Protection" was issued by relevant townships, departments and units, and required to rectify the cultural relics protection units involved in accordance with the procuratorial proposal and cultural relics work procedures in accordance with the procuratorial proposal and cultural relics work procedures. Related issues, the responsible person of the cultural relics protection unit strengthens management in accordance with the principles of the management of cultural relics, effectively curbing a series of illegal construction construction and destroying cultural relics in the protection area of cultural relics protection units and construction control areas. Essence In March 2021, the Qinghai Provincial Procuratorate and Qinghai Provincial Cultural Relics Bureau jointly issued the "Opinions on Establishing Cultural Relics Protection Administrative Law Enforcement and Public interest litigation cooperation cooperation mechanism", marking the solution of the outstanding problems in public welfare damage in the field of historical and cultural monuments and cultural relics protection in Qinghai , Give full play to the prosecutor of public interest litigation.
Qinghai carried out public interest litigation in the field of cultural relics throughout the province, and actively explored and practiced the work model of "cultural relics+procuratorial". The system and legislative study provided practical samples, which strongly promoted the protection of cultural relics.
It was found that 507 clues involved in the protection of cultural relics and historic monuments, 510 cases were filed, 497 prosecution proposals were issued, and rectification was urged to lack 287 cultural relics and historic sites. The level of procuratorial organs carried out special actions to protect the protection of cultural relics and historic sites as an important part of public interest litigation at all levels.
Since 2020, Xinjiang has prominently planned the planning of public welfare protection of cultural relics, and procuratorial organs at all levels in the region have actively reported to the party committee, people's congress, government and other agencies to carry out the special actions of procuratorial public interest lawsuits and cultural relics and monuments. The Standing Committee of the People's Congress of the Autonomous Region reviewed and approved the "Decision on Strengthening Procuratorate Public interest Litigation", which included cases in many areas including cultural relics and cultural heritage as the scope of the legal cases of procuratorial organs. Strengthen the unified leadership and supervision and guidance of public interest litigation procuratorial work in the region, strictly control the quality of the case, analyze the case of public interest litigation cases in the district's cultural relics and monuments in the district, and dynamically grasp the progress of the work, summarize the highlights, discover problems, and propose solutions.
Strengthen the professional knowledge training of the public interest proceedings of cultural relics and historic sites, hire experts in the field of cultural relics as members of the Professional Consultation Committee of the Autonomous Region Procuratorate, conduct consultation and demonstration of professional issues involved in the case, and put forward specific opinions and suggestions to improve the quality of supervision. Give full play to the role of professional institutions and solve the problem of high -precision cultural relics professional and technical problems. The Bole City Procuratorate claimed that nine people and other nine people and other nine people stolen ancient tombs to dig out criminal civil public interest litigation cases to investigate and obtain evidence collection. The degree of loss and the amount of repair. Based on modern technology, using the auxiliary case handling system and big data platform to provide technical support for the case handling. Utilize the use of drones and law enforcement recorders to improve the level of investigation and evidence and obtaining evidence for public interest lawsuits.
It is understood that Xinjiang's third -level procuratorial organs and cultural relics protection departments jointly carry out work to find out the bottom number, field survey, emergency protection, and explore the formation of cultural relics protection models with characteristics, highlights, copies, and promotion. mechanism. During the special operation, the three -level procuratorial organs in the district conducted a site of 1251 cultural relics, and 13 Division City Institutes and 93 grassroots courts handled the protection cases of cultural relics and monuments, which basically covered the full coverage.
At the end of 2020, the Supreme People's Procuratorate released 10 typical cases of public interest lawsuits in cultural relics and cultural heritage protection. It clearly deployed the fields of cultural relics and cultural heritage as a new field of procuratorial public interest litigation. Based on the guidelines for increased protection.
Protecting cultural relics in the contemporary and profit. Starting with cultural relics protection of public interest lawsuits, based on the preliminary results and experience of handling cases, strengthen the handling of cases, pay attention to the effectiveness of the case handling, continuously explore and improve the public interest litigation procuratorial system, strengthen case publicity, promote the establishment of a long -term mechanism for the protection of cultural relics, create a common society and the common society. Participate in a good atmosphere of cultural relics. (Xu Xiuli)
Source: WeChat public account of the State Cultural Relics Bureau
Edit: Xiao Weibo
Review: Zhang Shuo
Final trial: Li Wenchang
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