Guizhou Leishan County Court: Guarding Gucun Xinyun holds the nostalgia

Focus on 68 traditional villages,

Based to protect the ecological environment,

Based on the trial function, extend judicial services,

Explore protection method, Guizhou Leishan County Court-

Guarding Gucun Xinyun to hold Mianchang Hometown Nostalgia

On May 30, Wu Zhangyi, deputy dean of the People's Court of Leishan County, Guizhou Province, drove to Gutou Village, Fangxiang Township, Leishan County. This is an ancient Miao village with a history of more than 400 years.

Wind all the way. In the water mist, the villages, terraces, and ancient trees are presented in turn. The main purpose of Wu Zhangyi's trip is to investigate whether the new homestays that are currently in Gutou Village are in line with the style of traditional villages, and reminded the homestay owner to build a homestay in accordance with the planning of traditional villages to avoid litigation risks.

One paper protection order is stopped to destroy behavior

In Leishan County, there are 68 traditional villages. The unique mountains and rivers here can always evoke the original impulse of "keeping their clumsy garden fields" deeply in their hearts. Qianhu Miao Village, located in Xijiang Village, Xijiang Town, Leishan County, was announced as a national 5A -level tourist attraction in November 2020. It is now a "punch resort" for tourists. But not all ancient villages can be as lucky as Qianhu Miaozhai. Some ancient villages have suffered "pain" in the development.

In 2013, Nanmou Village in Taijiang County was included in the traditional Chinese village list. Since then, the villagers here have built many new brick houses, which has continued to destroy the original appearance of the ancient rhyme in Nanmou. In October 2021, the People's Procuratorate of Taijiang County filed a public interest lawsuit. According to the provisions of the concentrated jurisdiction of environmental resource cases, the Leishan Court is the jurisdiction of the case.

Ge Tou Village "Baocun Judge" went to the judge workstation to carry out traditional village judicial protection.

Wu Zhangyi is the trial judge of this case. After investigation, he found that many new houses did not build in accordance with the plan, and multiple illegal houses were under construction. The trial of an administrative case requires a certain period of time. If the judgment is effective, there may be a situation of "destruction of the side litigation". At the same time, the villagers who are newly built in violation of regulations may also suffer greater losses. After being considered repeatedly, the collegiate panel decided to refer to the personal safety protection order system, issued the nation's first traditional village judicial protection order, prohibit the continued construction of buildings or structures that did not meet the planning, and prohibit illegal occupation of arable land to build houses.

Cultivate more guardians with judicial power

Later, the case was tried. On the day of the trial, the person in charge of 68 traditional villages was invited to listen. Yang Renhong, the secretary of the village of Gutou Village, is one of the members of the auditorium.

Unlike Nanmou Village, the style of Gutou Village has always maintained. Communication through the Internet, Gutou Village has gradually become a local popular niche tourist destination. When the business is good, the most popular farmhouse in the village can only reach about 70,000 yuan during the "Eleven Golden Week". The visible income has also made the "protecting traditional village style" a consensus of everyone.

Yang Renhong said: "For Zhaizi, the style of traditional villages has become the most precious resource. Therefore, this protection order in the court is really good. In the long run, it is very beneficial to the village!"

Yang Xiuqi, the person in charge of the Leigong Mountain Environmental Protection Court, as the "Baocun Judge" of Gutou Village, and also tried to move forward the judicial power of protecting the traditional villages. He linked to the village. Whenever a new homestead was approved, Yang Xiuqi would go to Gutou Village to preach relevant laws and regulations to the villagers who prepared new houses.

The judge of the Leishan Court went to the villagers to popularize the approval policies of rural homesteads on the way back to villagers.

As of the end of June 2021, a total of 68 traditional villages in 8 towns and villages in Leishan County have been listed on the judge workstation. Every traditional village has an exclusive "Baocun Judge". In addition to the mediation of daily disputes in Baocun, the main task is to preach the relevant legal knowledge of protecting traditional villages. When necessary, arrange for tour trials to protect the consensus of more villagers in traditional villages and turn passive protection into active protection. Let more villagers become the guardians of traditional villages.

"Carbon Exchange Transaction" in the village

The Management Committee of Gutou Village is located in the village. This is a second -floor hut with a wooden structure. When you enter the house, the fragrant fragrant wood will soon make people forget the fast pace of reinforced concrete.

For thousands of years, the Miao ethnic -unique hanging tower, wind and rain bridge and Miao people have been inherited well in the local area, but the inheritance is not carved on the old ancestor's old paper. Become the first choice for more and more villagers.

A newly repaired wooden house brought new judicial propositions to the Leishan Court.

In May 2021, Luo Moosan held an expired forest mixed permit and raised 469 plants in the local Gaoling Ridge. The Jianhe County People's Procuratorate filed a public prosecution to the Leishan Court for suspicion of lingering forests. Luo Mousong is a local villager. The main purpose of harvesting fir is to build a new house. He originally felt that he held a forest and mixed license, and even if he expired, his felling behavior was at most illegal and did not commit crimes.

Such cases are not in the Leishan Court. The local folk customs are simple, but the awareness of the rule of law of the villagers is generally not strong. It is often accidentally violated the law without subjective and malicious.

In encountering such cases, judges are usually assisted and educated. They do not sentence the defendant to punishment, and punish them in the form of "replenishing planting and greening". However, the forest coverage rate of several counties under the centralized jurisdiction of the Lishan Court Environmental Protection Court is very high, and this is a unique Karst landform. The soil layer is very thin and cannot be planted in the same number of trees in place. In the increasingly effective judgment, trees are nowhere to be planted, and even the defendant urges the court to set the location of the tree earlier. It is facing such a dilemma. During the Romans, the Leishan Court tried to use the "carbon exchange transaction" method to instruct the defendant to fulfill the alternative repair obligation of ecological compensation. In the end, Luo Mousong voluntarily subscribed for more than 20,000 yuan of forestry carbon exchange volume (carbon reduction displacement), and reached the "Ecological Environmental Damage Compensation Prosecution Agreement" with the public prosecution party. The case also became the first "carbon exchange" case in Guizhou Province to destroy the ecological environment.

The Lei Gongshan Environmental Protection Court of Leishan County Court conducted a patrol judgment on the case of the defendant Luo Mozong's suspected crime of lingering forests (the first case of "carbon exchange" in Guizhou was destroyed by the ecological environment).

At present, the Leishan Court has issued the "Opinions on Establishing a Judicial Carbon Exchange Compensation Mechanism" to further clarify the scope of application of carbon exchange cases, standardize procedures, and provide guidance for rapid handling of ecological environment cases and timely restoration of damaged environmental resources. Essence

On October 25, 2021, the "Leishan County Traditional Village Judicial Protection Center" and "Leishan County Traditional Village Dispute Mediation Center" were established at the Leigongshan Environmental Protection Court. During the creation activity of the "Court of Practice Demonstration Court" launched this year, the Leishan Court continued to rely on these two to protect the ecological environment as the fundamental, based on trial functions, extend judicial services, so that more and more tourists can be in The long "nostalgia" was found in the traditional village.

Source: People's Court Newspaper, Guizhou High Court

Reporter: Jinjing Wang Yixiao Correspondent: Yang Hai | Editor: 逯 记 记 倩 倩

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