Supreme Procuratorate Released Public Welfare Litigation Guidance Cases in the Ecological Environment

Recently, the Supreme People's Procuratorate has issued a 40 -batch of guiding cases with the theme of public interest lawsuits in the ecological environment. Hu Weilen, the director of the 8th Procuratorate of the Supreme Prosecutor, revealed to reporters that since the 5th anniversary of the comprehensive implementation of the prosecutor's public interest litigation system in July 2017 (until June 30 this year), the procuratorial organs filed a total of cases in the field of ecological environment and resource protection. Nearly 344,000, more than 50 % of all procuratorial public interest litigation cases.

Prosecutors are filed for referees indeed wrong

A wasteland in a wasteland in Chaoyang Township, Dehui City, Jilin Province has formed two large -scale garbage dumplings. As of 2017, it has existed for more than 10 years.

The garbage is located between the embankments on both sides of the Songhua River, covering a huge area, mainly for domestic waste and agricultural solid waste, including some construction waste; Smelling, affects the safety of water quality and flooding of Songhua River.

[Procuratorate's performance process] The People's Procuratorate of Dehui City, Jilin Province found the clue of the case, and filed a case for investigation in March 2017. After testing and drawing, the total area of ​​the two garbage dumps covers an area of ​​2148.86 square meters, and the total garbage capacity is 6051.5 cubic meters. After identification, the leachate produced by garbage may cause pollution to the surface water and groundwater, and contaminate the air contaminated with evil stinky gases. Environmental experts and other suggestions are recommended to do harmless disposal as soon as possible.

In June 2017, the Dehui City Procuratorate filed an administrative public interest lawsuit with the court, requesting confirmation that the Chaoyang Township government did not perform the regulatory duties of garbage dumplings and violated the law; the Chaoyang Township Government immediately fulfilled its duties in accordance with the law and restored the original ecological environment. The government of Chaoyang Township argued that the garbage stacking field belongs to the management scope of the Songhua River. The subject of the regulatory is a water conservancy administrative organs, and it should not assume supervision responsibilities.

In the first instance of the court, the garbage in this case was domestic garbage in Chaoyang Township. The garbage was located in the dyke of Songhua River, which belonged to the management range of Songhua River. The Chaoyang Township Government only has management responsibilities for this matter, and is not a qualified defendant and ruled to reject the prosecution. The Dehui City Procuratorate was rejected.

The Jilin Provincial People's Procuratorate filed a protest to the Higher People's Court of Jilin Province. The Jilin Provincial High Court organized a hearing on this case. The Dehui Court re -form a collegiate panel trial. The government of Chaoyang Township cleaned up the garbage in the case, but still had a different understanding of its due diligence standards. The Dehui City Procuratorate decided to withdraw the second request for the withdrawal and retain the first litigation request to confirm the illegal. The court's administrative judgment confirmed that the Chaoyang Township Government had illegally fulfilled the duty of domestic garbage treatment according to law. The government of Chaoyang Township did not appeal.

[Guidance] Correctly understand the "supervision and management responsibilities" of administrative organs. After the procuratorial organs filed an administrative public interest lawsuit, the administrative organs believed that they had the obligation to perform their duties accordingly. Even if they completed the restoration or governance of the damage public interest, the procuratorial organs could still claim the verdict to confirm the law.

Sub -level supervision and protection of mineral resources

32 coal mines, granite ore, fluorite mine and other mining companies such as Shanxi Hunyuan A Coal Industry Co., Ltd. and Shanxi Hunyuan B Luotian Coal Industry Co., Ltd. are located in Hengshan National Scenic Area, Hengshan Provincial Nature Reserve and Hengshan Province. Hengshan National Forest Park and surroundings. The above -mentioned mining companies have unlicensed mining and over -boundary mining, which seriously damages the ecological environment and minerals, cultivated land and forest and grass resources.

The mining area of ​​A coal industry illegally occupied agricultural land without processing construction land use procedures, causing a large amount of agricultural land to destroy with an area of ​​9305 acres. B coal industry companies and other mining companies have also long -term border mining coal resources, violating mining development and utilization plans to minimize area mining, and there are illegal acts such as cultivated land and forest land without approval. Economic loss is about 950 million yuan.

[Process of the procuratorial organs] In December 2017, the Shanxi Provincial People's Procuratorate collected a number of clues to reflect the damage of the ecological environment and natural resources in Hunyuan County and mining companies through the public interest litigation big data information platform. Supervise. The Shanxi Provincial Procuratorate launched a integrated case handling mechanism to coordinate the promotion of the third -level procuratorate for investigation.

The procuratorial organs have initially identified basic situations such as mining enterprises and the area of ​​ecological destruction; they have figured out that the ecological environment and resources are damaged and fixed evidence in a timely manner.

After the Hunuan County People's Procuratorate filed a case in September 2018, the relevant procuratorate also filed a case by designated jurisdiction.

From August to December 2018, in accordance with the principles of supervision of the same level, the procuratorial organs of Datong City issued procuratorial suggestions to the corresponding administrative agencies with responsibilities in supervision and management to urge to fully perform supervision duties in accordance with the law. The Datong People's Procuratorate has the advantage of integrated case handling and designated the jurisdiction of multiple county -level procuratorates in the jurisdiction.

Relevant administrative agencies fully perform their duties in accordance with the law, and rectify the illegal activities of mining companies involved in the case. The local government has formulated an ecological repair and rectification plan for local governance.

The procuratorial organs transferred 92 clues to the disciplinary inspection and supervision organs to public officials; 31 cases were transferred to the public security organs; 30 people prosecuted to the court.

[Guidance significance] Combining unity, accurate supervision of levels, and promoting comprehensive restoration of damaged ecology. Comprehensive use of pre -litigation procuratorial suggestions and social governance procuratorial suggestions to promote the upper and lower linkage of administrative organs. Comprehensive governance, support for support, coordinate the role of public interest litigation procuratorial and criminal procuratorial functions, and effectively connect with disciplinary inspection and supervision, public security and other organs.

Punitable compensation for cross -provincial dumping

From March to July 2018, the production equipment located in Zhejiang's A Chemical Group Co., Ltd. was damaged, resulting in a large amount of sodium sulfate waste liquid cannot be treated normally. Wu Moujia, manager of the company's production department, approved the legal representative of the company to dispose of sodium sulfate waste liquid. Company A reimbursed two fees for Wu Moujia. Wu Moujia handed the waste liquid to Wu Mouyi, who had no disposal qualification. Wu Mouyi hired Li Moumou to dump the land in the two villages of Shou'an Town, Fuliang County, Jiangxi Province, a total of 1124.1 tons of waste liquid, resulting in the surrounding soil and surface water and groundwater. 6.6 The environment of the river basin was affected, causing more than a thousand people to drink water and use water difficulties. The total cost of the appraisal and restoration is 2168,000 yuan, and the cost of environmental functional loss is 57,000 yuan. [Performance process of procuratorial organs] The People's Procuratorate of Futiang County, Jiangxi Province, found clues when six people such as Wu Moujia were suspected of polluting environmental crimes.

The Procuratorate of the Fuliang County will guide the investigation organs and urge the relevant evidence of the pollution environment for the ecological environment department; at the same time, it is recommended to take necessary emergency measures to prevent further expansion of pollution and appraisal the water body commission.

After the Fusheng County Procuratorate was reviewed, after the six people such as Wu Moujia filed a criminal lawsuit, the court sentenced Wu Moujia and others for the crime of polluting the environment. 10,000 to 20,000 yuan.

Due to the occurrence of environmental pollution infringement in this case and the result of the damage results of the damage, they were all in Fuliang County. After negotiation with the Jiangxi Provincial Higher People's Court, the case was specified in the jurisdiction of the Fuliang County Court.

In November 2020, the Procuratorate of the Fuguliang County Procuratorate shall file a civil public interest lawsuit with Company A as the defendant. Apologize.

The Procuratorate of Fuliang County believes that Company A shall bear the liability for infringement pollution. According to the Civil Code, Company A should also bear punitive compensation. The Procuratorate of the Fusheng County Procuratorate requested that Company A was required to bear 171,000 yuan in environmental infringement punitive compensation for three times the environmental functional loss fee.

The court supported all the prosecutors' claims. After the verdict came into effect, the defendant took the initiative to pay the compensation in place, and the reimbursement of the ecological environment of the dumping point has been completed.

[Guiding significance] When prosecutors filed an environmental civil public interest lawsuit, punitive compensation claims may be filed in accordance with the law. Procuratorial organs may require enterprises that violate pollution control responsibilities to bear civil liability such as ecological environment restoration.

Source: Rule of Law Daily

Edit: Li Muyang

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