A batch of cases, what are the special of the Wanfeng Lake project
Author:Supreme inspection Time:2022.09.22
On the morning of September 22, the Supreme People's Procuratorate issued a 41st batch of guiding cases -the Supreme Prosecutor urged the rectification of the Wanfeng Lake Basin's ecological environment damage public interest lawsuit (hereinafter referred to as the "Wanfeng Lake Project"). The front line of handling the case was held in the three provinces (autonomous regions) of Guizhou, Guizhou and Yunnan, Xingyi City, Guizhou Province. What kind of case handling process has the project experience? What is the institutional logic of its unique governance effectiveness of the procuratorial public interest litigation? Zhang Xuezhang, deputy prosecutor of the Supreme Procuratorate, Hu Weilie, member of the Supreme Prosecutor's Prosecutor's Committee and director of the Eighth Procuratorate, and the prosecutor Liu Jiayu, the prosecutor of the Eighth Procuratorate, answered reporters' questions.
On September 22, the Supreme People's Procuratorate held a press conference of the 41st batch of guiding cases in the Wanfeng Lake United Water Procuratorate in Xingyi City, Guizhou City, Guizhou Province.
The unique governance effectiveness of the procuratorial public interest litigation system
The press conference revealed a set of data: Since the implementation of the procuratorial public interest litigation system on July 1, 2017, as of August 31, 2022, the procuratorial organs have filed a total of 702,000 public interest lawsuits cases, of which the case of ecological environment and resource protection areas 353,000, accounted for more than 50%of public interest lawsuits.
Conference site
The procuratorial public interest litigation system has been established for more than five years. The procuratorial organs have solved a large number of "hard bones" such as Wanfeng Lake pollution through the function of fulfilling public interest litigation functions. So, what is the institutional logic of its unique governance effectiveness system?
In this regard, Hu Weilie stated that the procuratorial public interest litigation system is the design of the important system of national governance by the rule of law and the rule of law in the context of comprehensively governing the country according to law and strictly governing the party. It is the political advantage of coordinating, comprehensive efforts under the unified leadership of the party, and the advantages of the socialist system with Chinese characteristics. The handling of the Wanfeng Lake project fully demonstrates the governance of public welfare litigation, and the unique effect of coordinating public welfare protection, building a long -term mechanism and serving economic and social development.
The party's leadership is the fundamental guarantee for the development of the public interest litigation system, and it is also a working method for the specific problems in the procuratorial organs to solve the case. In the project handling, the procuratorial organs of the three provinces (districts) of Guangxi, Guizhou, and Yunnan actively reported to the local party committee's progress in the work of the project, and received high attention and strong support. The project handles adheres to the people -centered, thinking of the masses, the urgent crowd, and effectively promote the pollution of the vital interests of the local people. Balance of different interests. On the question of whether the case can be completed, the public participation is introduced through the public hearing, and the rectification results are full of dissatisfaction to make the people say it.
"Procuratorate is a judicial system with Chinese characteristics. It has both strict and standardized, open and transparent procedures, enhances the credibility of judicial cases, but also has the judicial coercion and authority." In the case of handling the case, the authorities strictly conduct investigations and prosecution proposals in accordance with the law, put forward procuratorial suggestions, and urge the administrative organs to correction themselves to make a litigation as a backing to effectively ensure the realization of the target of the case. At the same time, it adheres to the coordinated governance. The procuratorial organs are legal supervision organs. They are not the direct subject of pollution governance.
Give full play to the role of procuratorial hearing
The damage to the ecological environment of Wanfeng Lake Basin involves three provinces (districts) and five counties (cities). The management subject is decentralized and the interests of interests are diverse. On the 24th, the Supreme Procuratorate handling team held a public hearing on the case.
Through the procuratorial hearing, expert hearing and other participants affirmed the results of the case handling, forming the next step along the five counties (cities) of the lake to carry out ecological development, collaborative regulatory governance, and promoting the continuous consensus of the ecological environment of the Wanfeng Lake Basin.
The Supreme Procuratorate handling team combined with the hearing, comprehensively considering the actual situation of the case, made a decision on the case of the case, and at the same time opened the "second half of the article" to handle the case of the case of the five counties (cities) along the lake. Green water and green mountains, and Jinshan Yinshan, will effectively benefit the people along the lake. Conference site
Driven by the procuratorial organs, the relevant government departments firmly have the concept of green development, eliminate differences, and form a new development pattern of co -administration, co -construction, and sharing along the five counties (cities) of the lake, and promote the implementation of unified joint law enforcement supervision of the lake district. Established the "Guizhou, Guizhou, Yunnan Wanfeng Lake Fisheries Development Co., Ltd.", and achieve "Changzhi" on the basis of "governance", and work together to take the road of long -term protection, green development and rural revitalization in the Wanfeng Lake Basin.
According to Liu Jiayu, the second phase of the Wanfeng Lake project has been basically completed. In order to evaluate the effectiveness of the second stage of the Wanfeng Lake project, demonstrate how ecological fisheries to ensure how to ensure that Wanfeng Lake Lake and the Lake and the Water, the three provinces (districts) and five counties (cities) of different administrative districts to ensure unified law enforcement. On the 23rd, the highest prosecution will hold Wanfeng. The second hearing of the lake project.
"Hearing is an important way for the judicial handling of the procuratorial organs." Liu Jiayu said that from the perspective of the practice of public interest lawsuits, the hearing is not only conducive to the comprehensive, timely, and accurately identifying the facts of the case. The targetedness and timeliness of supervision also help protect the masses' right to know, participate, supervise the power, and promote judicial disclosure and democracy. Through interpretation, the case has been achieved, and the case is harmonious, politics and people, and condense the protection consensus, and form a joint force of co -governance.
Zhang Xuezheng said that public hearing is an important way for inspection and procuratorial organs to be fair and accepting social supervision when dealing with public welfare protection issues as legal supervision organs. In place.
Increase the Supreme Procuratorate and the Self -Office Cases of the Provincial Institute
The Wanfeng Lake project involves the problem of damage to the ecological environment. It takes a long time, spans the three provinces (districts), has many types of pollution, many illegal areas, many regulatory levels, complicated situations, contradictions, and the highest prosecutors are directly filed. Effective.
The reporter asked at the press conference
Hu Weilie admitted in response to the question of reporters that as the first public interest lawsuit case directly filed the case as the highest prosecution, there were many unexpected questions during the handling process. The use of integrated case handling models, organizing multi -level, multi -level, and multiple related procuratorial agencies to participate, and it has demonstration significance to handling major public interest lawsuits across provinces and regions.
At present, the procuratorial work of public interest litigation has shifted to the development stage of more attention to the quality and efficiency of case handling and better play the efficiency of the system. Beginning in 2021, the Supreme Procuratorate requires all provincial institutes to handle public interest lawsuits directly. As of the end of 2021, 32 provincial institutes directly filed a full coverage.
Why does the Supreme Procuratorate make such a requirement? Zhang Xuezheng responded to this:
First, the high administrative level of procuratorates at the provincial level or above is high and has a lot of resources. It is difficult to promote the public interest lawsuit that it is difficult to promote by the municipal and county -level procuratorates. It is good and fast to achieve the modernization of national governance capabilities.
The second is to solve some problems with unclear division of labor and unclear legal provisions, such as the "boss difficult" problem of "Jiulong's Water Water Disglement" or must grasp the "big difficulties" of the common management.
The third is to play the role of "handling one case, warning, and education." If the grass -roots court handles public welfare cases, it can promote the improvement of the problem of the region. Based on such push, the highest prosecution and provincial houses can promote the improvement of loopholes and shortcomings of social management from a higher level and wider range, and achieve source governance. This is a very prominent point and influence on the case of procuratorial organs at or above the provincial level in recent years.
Practice has proved that China's procuratorial public interest litigation system has unique institutional functions, strong vitality, and a brand new judicial system with distinctive Chinese characteristics. (Author Yan Jingjing Picture Yan Zhao Chen Shi Video Zhang Genglei Han Yunfeng)
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