Democratic party representatives asked sharply, and the prosecutor answered on the spot: "This is indeed a regulatory problem!"

Author:Changan Jian, Central Politica Time:2022.08.02

"This is a big problem, universal problem."

Recently, in the coordinates of Jiangxi, at a unique forum, Zhang Jun, the secretary of the party group and the chief prosecutor Zhang Jun, responded to the issue of the Democratic Party: "You must compare your heart and consider how humanized management. Principles charges are not conducive to fundamentally strengthen pollution prevention. "

The eight major democratic parties represent the VS prosecutor to talk about the "Yangtze River Protection" -This forum has been held for four sessions. The representatives asked sharply, and the prosecutors answered on the spot!

It is worth mentioning that after the promotion of the "Fourteenth Five -Year Plan" Yangtze River Economic Belt Development Implementation Plan "in September last year, the highest prosecution organized a topic of 11 provinces and cities to break the problem, and it was on the spot. During the survey, the representatives learned that the most authentic government difficulties and procuratorial difficulties, and the problems raised were whipped, and the sentences were close to key issues and key links-

"This problem is particularly important. This is the most critical issue encountered in the procuratorial organs in promoting tailings governance. It is the biggest problem."

"Pesticide chemical fertilizer reduction is indeed a regulatory problem!"

"The procuratorial organs filed a public interest lawsuit on this matter, and the legal basis was insufficient."

At the meeting, Gao Youdong, the vice chairman and secretary -general of the Central Committee of the Democratic Progressive Progress, gave a speech on behalf of the democratic parties. Li Huidong, vice chairman of the Central Committee of the Revolutionary Revolution, Xie Jingrong, vice chairman of the Central League, Gao Feng, Vice Chairman of the Central Committee of the Democratic Construction, Yang Zhen, Vice Chairman of the Central Committee of the Agricultural and Industry Party, Cao Hongming, Vice Chairman of the Central Committee of the Party, Yin Hong Chairman Li Yifeng attended the meeting.

Zhang Jun clearly stated that it is necessary to implement the "common protection" with greater efforts and more realistic measures. The procuratorial organs should actively support and cooperate with the democratic parties and non -parties to carry out the special democratic supervision of ecological environmental protection of the Yangtze River. The procuratorial organs along the river must take the initiative to strive for the leadership and government support of the party committee, consciously integrate into the overall situation of the local development, and the Yangtze River protection issues reflected in the proposal and proposal of the representative members must be good at transforming into the clues of public welfare protection cases. solve.

Communicate first, then question and answer, representatives of democratic parties and major prosecutors interact with high frequency, and the highlights on the forum are present ——

Q1

Yuan Yan, the central representative of the Democratic League: Jiangxi has the "three colors" culture: red, green, and antique. The people also hope to add a golden color that represents wealth. In Jiangxi, how do you understand and grasp the relationship between the "three colors" and gold in the key industrial pollution?

Tian Yunpeng, Chief Prosecutor of the Jiangxi Provincial Academy of Provincial Academy: The procuratorial performance of "great protection" must do a good job of "increased green" and "golden gold" articles, and live up to Qingshan Fang Jinshan. The procuratorial organs are targeting the important requirements of the "Jiangxi Model" of the beautiful China, actively implement the concept of "green water and green mountains is the golden mountains and silver mountains", focus on serving the national ecological civilization pilot zone construction, comprehensively fulfill the function of ecological procuratorial, deploy "Wuhe One One One One Special supervision activities such as Lake Yijiang "" Guarding Poyang Lake ", actively incorporated into the key waters of the Yangtze River Basin forbidden to arrest, actively participate in the battle for the blue sky and blue water and pure land, fully serve the pollution control battle, and coordinate the promotion of the grass and grass and sand system rectification of landscapes , Protect the ecological environment with the strictest rule of law and help protect the "family bottom" of Jiangxi's green development.

Q2

Democratic Representative Li Xiaoying: At present, excessive use of pesticide fertilizers is the two major agricultural pollution pollution, which has become an important factor affecting the quality of water body. Are there any problems in Zhejiang's digital reform?

Jia Yu, the Attorney General of Zhejiang Provincial Court: The reduction of pesticide fertilizers is indeed a regulatory problem. Due to the difficulty of the traditional fertilizer application habits of the masses and the difficulty of the use of fertilizer pesticides, there are some difficulty in both administrative supervision and procuratorial supervision. Some local procuratorial organs in Zhejiang have explored in this regard: First, rely on the digital supervision platform to collect clues. For example, the Procuratorate of the Procuratorate of Luzhou City Procuratorate found a large amount of pesticide packaging waste case clues through the data of the four platforms of grass -roots governance, deployed special supervision to conduct special supervision, while standardizing and improving the waste recycling system, while promoting the promotion of the planting of honey -source plants and sexual phenomenon, Green technologies such as seductive killing and insecticidal lights and killing lights are used to "green prevention and control" to reduce the amount of pesticide use by 43 tons; the second is to share data to achieve real -time monitoring and early warning of water quality; and third, promote the reduction of pesticide and chemical weight by procuratorial supervision. In response to the "digital empowerment supervision, supervision and promotion of governance" legal supervision and reshaping the reform requirements, on the basis of digital case handling, supervise and collaborate with administrative organs to strengthen the reduction of pesticide chemical fertilizers, and form a joint force for the prevention and control of agricultural surface source pollution.

Q3

Chen Yong, a representative of the Central Committee of the Taiwan League: Zhejiang Procuratorate explores big data legal supervision and sound. Can we talk about the vision of development in this regard for agricultural surface source pollution?

Jia Yu, Attorney General of Zhejiang Provincial Court: Implementing the strategy of procuratorial big data, and carrying out big data legal supervision can provide strong assistance for agricultural facial source pollution. There is already a good exploration practice in judicial practice. In the next step, the point of pollution control in agricultural facial source should be extended to the face, promoting comprehensive governance and systematic governance. The grass -roots procuratorial organs should be more deeply aware of the interests of the people's interests of the people of agricultural surface source pollution. We must actively perform their duties through public interest litigation, reduce surface source pollution, enhance the quality of agricultural products, enhance farmers' income, enhance the people's sense of gain, promote agriculture Green sustainable development.

Q4

Tao Xiangning, representative of the Central Committee of the Revolutionary Revolution: The collection and treatment of ship sewage is inconsistent with the charging standards in Hubei. Can the procuratorial organs ask the court to order the court to order the relevant government departments to uniformly charges the charging standards? Wang Shouan, the Attorney General of Hubei Provincial Court: The prosecutor's lawsuit shall be filed by the procuratorial organs to request the court to order the relevant administrative organs to uniformly charge the charging standards for the time being. Basis, but the Ministry of Transport and the National Development and Reform Commission's "Measures for Port Fee Feeing" has clearly incorporated the sewage collection and treatment service fee of ships in the market regulation category. Formulate charging standards. Other regulations issued by the Ministry of Transport and other ministries and commissions also proposed to encourage free reception of free shipping sewage, and did not incorporate this cost into government guidance prices or government pricing. According to the relevant provisions of the Price Law, the administrative organs shall not exceed the pricing authority and scope to implement price intervention. Therefore, it cannot be required to formulate a unified charging standard for the service fee of ship sewage collection and treatment. The procuratorial organs filed a public interest lawsuit on this matter, and the legal basis was insufficient.

However, the cost of ship sewage collection and treatment services is different, which leads to selective collection and delivery of pollutants, which will inevitably affect the enthusiasm of free reception or low charges, and restricts the comprehensive system of the Yangtze River Economic Belt and port pollution control capabilities. promote. Although the public interest lawsuit cannot be filed, the procuratorial organs can still perform their duties and make a difference. According to the current relevant regulations, free reception of ship's domestic sewage is the development direction of the country's encouragement and guidance. Without the legal basis, it is not feasible to bear the cost of this part of the port enterprise and receiving unit. Support. Under the unified command of the highest procuratorate along the Yangtze River Procuratorate, through appropriate methods such as social governance procuratorial advice and public hearing, it can promote governments from all over the river to increase funding support, gradually reduce the charging standards, and finally achieve free reception in the entire basin.

Q5

Qi Xiaohong, representative of the Gonggong Party Central Committee: Hubei has a special status, the Ecological Environmental Tribe River Basin Supervision Bureau, the Minister of Water Resources Jiang Committee, and the Ministry of Transport the Minjiang Maritime Safety Administration in Wuhan. What impact?

Wang Shou'an, the Attorney General of Hubei Provincial Court: Prosecutors have established close work links with the procuratorial organs with the Ecological Environmental Military River Basin Supervision Bureau, the Ministry of Water Resources Jianghai Committee, and the Minjiang Maritime Safety Administration of Transportation. Combat force. For example, in terms of mechanism construction, as early as November 2018, the Hubei Provincial Procuratorate signed a cooperation agreement with the Yangtze River Water Resources Commission and the Yangtze River Aviation Administration (the superior unit of the Yangtze River Maritime Bureau) to establish a three -party information sharing mechanism, work cooperation mechanism, cadre cadres, and cadres. The exchange mechanism and normal contact mechanism reached consensus to jointly promote the "three water governance" of water pollution control, water ecological repair, and water protection of the Yangtze River.

In terms of specific work, the Hubei Provincial Procuratorate in response to the illegal sand mining management vulnerabilities found in the special campaign of crime and elimination in recent years. Socate social governance procuratorial suggestions, urge relevant administrative organs to increase the rectification of "three -none" ships in accordance with the law, and jointly protect the ecological environment and embankment safety of the Yangtze River Basin.

Q6

Ding Liangchun, representative of the Central Committee of the Democratic Party Construction: Tailing pollution such as "manganese triangle" is a problem with history. The company has gone or collapsed. How did you grasp the priority in the tailings governance public interest lawsuit?

Ye Xiaoying, Attorney General of Hunan Provincial Academy: This problem is particularly important. This is also the most critical issue encountered by procuratorial organs in promoting tailings governance. It is the biggest problem, and it is also the place where the government thinks the most difficult. In the tailings governance, the government fulfills the responsibility of territorial management, and the enterprise assumes the main responsibility of governance. From the division of the responsible subject, the tailings library is roughly divided into two types: one is a tailings library with the owner, that is, the tailings of the main body of the responsibility of governance; The tailings of the main body of the governance responsibility generally form a period of time in the form of a tailing pond, which is currently idle and long -term unmanned management.

The situation of "the enterprise has gone or collapsed", most of which form a lord -free tailings. In the "manganese triangle" mining pollution control, even the ownership, most companies have no ability to govern or compensate. In accordance with the principle of "who pollutes and who govern", we first find the subject of governance responsibility. At present, the problem facing the "manganese triangle" is that there are many main ines. Generally, the government can only be governed by the government first and then start the recovery procedure according to the sight.

The procuratorial organs mainly grasp the two principles in the public interest lawsuit of tailings: First, it is impulsive. Adhere to the support of the supervision, fully communicate with the government and its administrative agencies, and help not chaos; the second is that it is not offside. Fully use legal responsibilities such as sufficient public interest lawsuits to urge and assist the government to handle and stable governance in orderly treatment and stable governance.

We generally urge and support the government to govern the five categories of libraries in accordance with the principle of "urgency and then slow": First, the "top library" that seriously threatens the safety of the people's lives and property (the tailing ponds with residents or important facilities within one kilometer downstream) ; Second, the "three -sided library" that seriously affects the living environment (near the river, riverside, lake banks, or tailings library located in the water source of residents); third, the central environmental protection inspector, the Yangtze River Economic Belt Police film film The tailings library that discloses the rectification within a time limit; the fourth is the company's intention to shake the pot, subjective and maliciously obvious tailings; fifth is the tailings of the local tailings governance. For other tailings, we urge and support the government to formulate scientific and reasonable governance plans. Q7

Zhang Ying, the central representative of the Jiu San Society: According to the monitoring of the water quality of the national control section, the water quality at the junction of the upper reaches of the Jialing River and Shaanxi is the second category of water. Is the pollution problem clue?

Feng Jian, the Attorney General of the Sichuan Provincial Academy of Sichuan: The water quality testing of the Jialing River into the Sichuan section and the Sichuan section are two types of water, and all sectors of society, including procuratorial organs, believe that the ecological environmental protection of the Jialing River Basin has achieved significant results. But it is understood that this does not mean that there is no case in the Jialing River's ecological protection. First, the problems found by the Central Environmental Protection Supervision Team involved multiple clues involving illegal sand mining, shoreline protection, tributary water pollution, mining and tailings governance of the dry flow of the Jialing River. The agency also transferred a number of clues to us; the third was that we found a batch of clues in the operation of ship pollution projects, including July 4th to 8th this year. In the performance, some places (Suining) operating ships leaking fuel, engine oil, and sewage of domestic sewage were found; ships (Guang'an) were refurbished, polished, and painted hulls in some places (Guang'an). It can be said that the water ecology is strictly protected and will always be on the road.

Q8

Li Xiang, representative of the Central Committee of the Agricultural and Industry Party: Take this opportunity. I want to know how to understand the Sichuan procuratorial system coordinated and coordinated with the procuratorial organs such as Yunnan, Qinghai, Guizhou and other places in the upper reaches of the Yangtze River to achieve the effect of watershed protection?

Feng Jian, the Attorney General of the Sichuan Provincial Academy: In the next step, the procuratorial organs will conscientiously implement the "Regulations on Ecological Environmental Protection of the Jialing River Basin in Sichuan Province", around the four water and one bank (water environment, water ecology, water resources, water safety, shoreline protection) plus A group of cases involving a group of aquatic biological integrity index, water pollution, and shore line protection in the Yangtze River Basin have been handled, and the water environment governance of the Jialing River Basin is promoted to a new level.

Disclaimer: This article is transferred from the Supreme People's Procuratorate (ID: ZGRMJCY01), thanks here!

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