Mining companies have been transformed and upgraded ｜ Tonight 9:30

For illegal mining series cases

There are many companies involved in the case, the cause of the incident is complicated, etc.

Luchuan County Procuratorate Explore

Applicable corporate compliance for illegal mining series cases

Implement "handling a class of cases,

The effect of regulating an industry "

... ...

"Through compliance rectification, our mining enterprises have eliminated various types of risks in the process of production and operation, creating an efficient and safe working environment, and laying a solid foundation for improving efficiency and green development for enterprises." On June 29, in Guangxi, in Guangxi At the compliance reform symposium of Yulin Citizenship Enterprises in the Zhuang Autonomous Region, the heads of the M -mining enterprise of Luchuan County, which had passed the compliance inspection, said deeply.

Luchuan County is located at the southeast end of Guangxi and is at the meeting point of the Guangdong -Hong Kong -Macao Greater Bay Area and the Beibu Gulf Economic Zone. Rich mineral resources make mineral development one of the important sources of local economic income. However, due to unscientific and unreasonable problems such as early mining areas, and some factors in some mining enterprises have weak legal awareness and inadequate internal management systems, the mining enterprises in Luchuan County have experienced large -scale criminal crimes such as cross -border mining.

In September 2021, the Luchuan County Procuratorate, as a non -pilot area, was reported to the higher -level procuratorate to actively explore the pilot work of the compliance reform of enterprises involved in the mining industry, helping mining companies to solve management vulnerabilities with the rule of law, and establishing modern enterprises to establish modern enterprises. Compliance management model and effective compliance organization system.

Over the past year, compliance reform has not only helped enterprises to achieve profit income, but also promoted the ecological restoration and environmental governance of the mining area simultaneously, making green the background of the development of the local mining industry. Not long ago, the 23 mining companies handled by the Luchuan County Procuratorate illegal mining cases were selected as the third batch of typical cases of corporate compliance involved in the case issued by the Supreme People's Procuratorate.

Dilemma

All prosecution will cause a huge blow to the mining industry

In April 2021, the Luchuan County Natural Resources Bureau found that the 23 -licensed mining enterprises in Luchuan County had a cross -border mining behavior in accordance with the feedback and daily supervision of the superiors and daily supervision, and transferred the clues to the Luchuan County Public Security Bureau for investigation. The public security organs found that from 2019 to 2020, 23 mining companies in their respective mining areas are super -depth or over -range to cross -border mining buildings such as granite and kaolin, and the case involves 216,900 yuan to 14.478 million yuan. In May 2021, the Luchuan County Public Security Bureau filed a case for the 23 mining enterprises for suspected illegal mining crimes.

Beginning in August of the same year, the Luchuan County Public Security Bureau successively transferred the case to the Luchuan County Procuratorate for review and prosecution. During the investigation and visitor, the hospital found that these 23 companies were mining and sales of construction of granite, kaolin and other license -holding mine companies, accounting for two -thirds of the county's license -holding mining enterprises. More than 60 million yuan. Most of the mining companies involved in the case are unclear, or they have not set up sufficient number of boundary piles at the boundary at the border. Most companies involved in the case also have problems such as weak legal awareness, inadequate division of responsibilities, and inadequate management systems. After the incident, the enterprises involved in the case have successively refunded illegal income and paid fines. The person in charge of the responsible also took the initiative to invest in the case, pleaded guilty, and took the initiative to propose to be willing to rectify.

Third -party expert group inspect the boundary pile

During the investigation, the person in charge of D Stone Farm told the prosecutor that Shizhang was the family industry. It was managed by family members and hired workers to produce. "After being punished by administrative penalties, I have realized the mistakes, and I have paid all the fines and no amount, and actively repair the damaged ecological environment. I hope that the relevant departments can provide professional support to help us complete the rectification and prevent the situation of the crowded mining in the future." The person in charge of Shizhang said.

The Luchuan County Procuratorate held a joint meeting of the prosecutor's joint conference on the mining of the mines and the series of cases of illegal mining for the mines. Everyone thinks that if the case is handled by the case, prosecution of many companies and related personnel involved in the case will cause a huge blow to the entire mining industry in the county, and it will directly affect the employment of more than 2,000 people. It is not conducive to the long -term development of the mining industry. Social stability.

How to find out the most suitable form and ways to take responsibility within the existing legal framework, so that the prosecutors of the Luchuan County Procuratorate were in thought.

Dawn

Explore the support of corporate compliance to get support from superiors

In March 2021, the second batch of pilots of compliance reforms involved in the case was launched. At that time, Guangxi was not a pilot area. The Luchuan County Procuratorate started from optimizing the business environment and serving the healthy development of private enterprises. After comprehensive research and judgment cases and the company's compliance willingness, they decided to take the initiative to explore the pilot work of the compliance reform of enterprises involved in the mining industry.

In August 2021, the Luchuan County Procuratorate studied the typical cases and other instructive materials issued by the company's involved in the case of the Supreme Procuratorate, and drawn the work flow chart of the enterprise compliance case, and formulated the "work guidance on handling corporate compliance cases ( Trial) ".

In September 2021, after comprehensively reviewing the effectiveness, feasibility, and applicability of the compliance plan submitted by the enterprise involved in the case, the Yilin Procuratorate reported to the Procuratorate and Supreme People's Procuratorate of the Guangxi Zhuang Autonomous Region by the Yulin City Procuratorate. The feasibility of the rules. The relevant departments of the Supreme Procuratorate responded to the Luchuan County Procuratorate for reference to the Supreme Procuratorate's "Regarding the Pilot Work Plan for the Compliance Reform of the Enterprise" to handle this series of cases. The Luchuan County Procuratorate has formulated a calligraphy template such as the "Evaluation Letter", which not only has formed a unified and standardized work requirements, but also reduces the pressure of the prosecutor's own exploration during the case handling process, and has won more time for handling the case.

On October 12, 2021, Luo Shaohua, deputy prosecutor of the Procuratorate of the Guangxi Zhuang Autonomous Region, and Huang Yu, the prosecutor of the Yulin Procuratorate, led the investigation team to the Luchuan County Procuratorate to guide the corporate compliance reform work. The research team put forward guidance from the requirements of the deployment of compliance, personnel management, the characteristics of case types, and the healthy development of the market economy. The investigation team also visited the enterprise involved in the case and provided solutions to the difficulties encountered in the rectification to support and help to carry out compliance.

In order to win the support of the local government, on September 18, 2021, the Luchuan County Procuratorate reported the guidance of the superior procuratorial organs, the current progress of corporate compliance work, and the next work ideas to Luchuan County Party Committee and Government. Later, the county government was led and held the first coordination meeting of Luchuan County Enterprise Compliance Work, which was jointly participated by 13 units including the county procuratorate, the Federation of Industry and Commerce, and the Natural Resources Bureau. The content of the supervision and evaluation mechanism and the selection methods of third -party expert groups have been negotiated.

Third -party expert group checks the safety of electricity consumption

Two months later, Luchuan County officially established a third -party supervision and evaluation mechanism management committee, established a third -party professional list library, and jointly issued relevant documents.

rigidity

Multiple measures to ensure the rectification and implementation

During the handling of the case, the procuratorial organs found that some experts in the professional list library have long been engaged in mines for a long time, and they are more familiar with the management personnel involved in the case. How to avoid "human compliance"? The Luchuan County Procuratorate "asked for help" to the Yulin Procuratorate, and asked Yulin Procuratorate to collect a group of experts in the city to enrich the professional list of professional staff to solve the problem of talent shortage for the third -party professional organization of Luchuan County.

"When reviewing the compliance plan involved in the case, we found that the content of the compliance plan submitted by the enterprise was not comprehensive, lacking the construction of the compliance management system, and the illegal occupation of forest land, steep slope settings, safety of illegal occupation of forest land, steep slopes, and safety that were prone to occur in the mining industry. The content of production and other aspects is not mentioned. "Li Jirong, the prosecutor of Luchuan County Procuratorate, introduced.

According to the illegal occupation of forest land, environmental pollution, blasting, including third -party organizations and related administrative agencies, the prosecutor handling the case formulated the "Outline of the Comprehensive Management Plan for Compliance Management Plan for Enterprise Enterprise Enterprise Enterprise Enterprise Enterprise in Luchuan County", including illegal occupation of forest land, environmental pollution, and blasting. Effective compliance organizational systems and improvement of related business management processes, it is recommended that enterprises make up for the construction of system construction, supervise and manage loopholes, investigate the hidden safety hazards, and prevent similar problems from the source.

In reviewing the evidence of the case, the prosecutor handling the case found that seven companies involved in the case in addition to cross -border mining, and there are still illegal occupation of forest land; 1 company involved in the case did not declare occupational disease prevention as required, and the forestry and health departments had problems of poor performance in their duties. Essence To this end, Luchuan County Procuratorate issued procuratorial suggestions to relevant departments to urge the implementation of supervision responsibilities.

In the process of compliance and rectification, some managers with individual stone fields have conflicts. For example, the managers of Y stone field said they did not understand: "Why do we have corporate compliance? Fined fines, we want to make money early now. Can corporate compliance help our stone field to increase income? "

The prosecutor's reasonable interpretation makes corporate managers fully realize that corporate compliance is not a "short check", but really to help enterprises can help the enterprise's "aid agent" that has a long and widening development path. In the end, the manager changed his attitude and carefully cooperated with third -party organizations to carry out compliance rectification.

There are also some companies that encounter problems that they cannot complete rectification in the pits and reclamation and reclamation. After comprehensive research and judgment, the procuratorial organs have proposed a solution for paying ecological damage compensation in accordance with the "Administrative Regulations for Ecological Environment Damage Compensation", and timely Report the situation to the county government. It is recommended that the administrative department shall collect ecological environmental damage compensation to the enterprise involved in the case that cannot complete the rectification and is willing to pay ecological damage compensation. The three parties fixed the environmental problems caused by the enterprise involved.

The third -party expert group inspected the recovery of the enterprise involved in the case

Prosecutors accompanied the third -party expert group to inspect the re -green situation involved in the case

There are many mine companies involved in the case and have a wide range of scope. In response to this situation, the Luchuan County Procuratorate established a data sharing mechanism with the administrative organs to improve the effectiveness of supervision, and connect the county's mining video surveillance system and some administrative organs to the law enforcement data system to the procuratorate's data system to achieve "not leaving home". You can master the production of mining companies involved in real time, and achieve "smart supervision" through big data.

In order to achieve the supervision of the performance effect of third -party organizations, the Luchuan County Procuratorate formed a drone flight team to use drone equipment to use aerial shooting before and after the rectification of the mines involved in the case, and then 3D modeling. The comparison effect before and after is the objective basis for judging the integration and reform of the enterprise involved and the performance of third -party organizations. In December 2021, the first batch of 6 mining enterprises involved in the compliance inspection period of the mining enterprise expired. Third -party organizations have been evaluated. Six mining companies involved in the case have established a complete management system for production and operation, safety prevention, and internal control in the case. Repairing obligations such as backfilling, re -green. The Luchuan County Procuratorate held a public hearing, participating in the hearing parties unanimously agreed that the procuratorial organs made a decision on the decision to not prosecute the relevant enterprises and personnel.

As of September 21 this year, after the third -party organization inspected the compliance rectification of nine mining companies involved in the case, it was believed that the rectification was qualified. The Luchuan County Procuratorate made a decision to fail to prosecute the responsible persons involved in the mining enterprise involved in the case.

upgrade

Promote the compliance transformation and upgrading of the mining industry

On January 20 this year, Liang Jianwen, member of the Standing Committee of the Luchuan County Party Committee and Executive Deputy County, and the executive deputy team leader of the Leading Group of the Enterprise Corporation of Luchuan County, led a team to inspect the compliance rectification of some enterprises involved in the case and held a site meeting.

Prosecutor's supervision and rectification of enterprises involved in the case

During the handling of the case, the Luchuan County Procuratorate, together with the competent authorities, studied the rectification measures for the industry's stubborn diseases, promoted industry governance with a series of cases, and helped to form a compliant atmosphere of the rule of law in the mine industry.

The court United County Natural Resources Bureau and other departments organized more than 30 licensed mining enterprises in the county to hold a warning education meeting to stimulate the enthusiasm of the local mining industry to carry out compliant construction in compliance. In response to the problem of unscientific, unreasonable, and many hidden safety hazards in the scope of mining enterprises in the mining enterprise, the hospital has rectified the compliance of the mining enterprise to the opportunity to urge the county natural resources bureau and other departments to re -designate the scope of the mining area through scientific planning and survey, and rectify the "" Half -side mountain collection, optimizing the development of mines, and promoting the transformation and upgrading of the mining industry.

Through solidly carried out compliance rectifications, companies involved have improved related software and hardware facilities. Five companies have completed the acceptance of green mines, and the annual operating income of two companies has reached more than 20 million yuan. Through the construction of the "industry compliance" of the mine, the local government has accelerated the improvement of the "Half -Mountain" mine.

A few days ago, at a corporate compliance hearing held by the Procuratorate of Luchuan County, a representative of a National Congress stated: "The enterprise involved in the case should use the combined regulations to enhance the legal awareness, establish the concept of environmental protection, improve the institutional construction, and truly have changed the new self -renewal Operate in accordance with laws and regulations to achieve long -term benign development of the enterprise. "

"Guangxi's Ecological Advantages Gold is not changed" is General Secretary Xi Jinping's entrustment of Guangxi. The Procuratorate of Luchuan County adheres to the development of the ecological environment and the economic development of the service economy. It uses the "procuratorial blue" to protect the "ecological green", promote the compliance management of the mining industry with the performance of the "stop in good", and create the rule of law of An Shang and Enterprises. The business environment of the chemical business has enabled Luchuan County, which is located at the junction of Guangdong and Guizhou to achieve the transformation from "relying on mountains" to "raising mountains and mountains". The ecological barrier of building the southern Xinjiang of the motherland has made positive contributions. (Procuratorate Deng Tiejun Xiao Dong and Tang Ling)

- END -