Improve the cooperation mechanism, the two departments join forces to combat water illegal acts

"In the area of ​​water illegal acts, key basins and sensitive areas, etc., jointly carried out special actions to jointly supervise major complex issues." Recently, the Supreme People's Procuratorate and the Ministry of Water Resources jointly held a press conference and jointly released the "Settlement of the establishment of the establishment Improve the Opinions of Water Administrative Law Enforcement and Procuratorate Public interest litigation cooperation mechanism (hereinafter referred to as collaborative opinions) and typical cases of procuratorial public interest litigation in the wading field.

Experts said that the Supreme Procuratorate and the Ministry of Water Resources established and improved the coordination mechanism for water administrative law enforcement and procuratorial public interest litigation, which will further promote the healthy interaction between the water conservancy department and the procuratorial organs, form a joint administrative and procuratorial protection force, and jointly crack down on water illegal acts.

Deepen collaboration and improve efficiency

The collaboration opinions are composed of four parts, focusing on the significance, fields, mechanisms, and guarantees of water administrative law enforcement and procuratorial public interest litigation cooperation. In the sense of collaboration, the overall requirements of water conservancy work and procuratorial public interest litigation work, emphasizing the establishment and improvement of water administrative law enforcement and procuratorial public interest litigation cooperation mechanisms, it is important for strengthening the management of water conservancy rule of law and promoting the modernization of the water conservancy governance system and governance capabilities on the track of the rule of law. The significance, the two parties should strengthen cooperation and promote the procuratorial public interest litigation in the field of water conservancy according to law; in the field of collaboration, summarize the practice of water administrative law enforcement and procuratorial public interest litigation cases, clarify water and drought disaster defense, water resources management, river and lake management, and water engineering management Five key collaboration areas, including soil and water conservation, and listed some typical illegal situations.

At the same time, the collaboration opinions have clearly clarified the requirements of the water administrative law enforcement and procuratorial public interest litigation cooperation mechanism: First, it will be discussed and judged. Together, the characteristics of water illegal cases in this area are analyzed and judged, the characteristics of water illegal cases in the region, studying collaborative tasks and key matters, and negotiating to solve major issues. The second is special operations. Special actions are jointly carried out in the areas of multiple areas, key basins and sensitive areas, and jointly supervised by major complex issues. The third is clue transfer. Clarifying clues transfer standards, it is not enough to make up for the national interests or social public interest losses, and other procuratorial public interest litigation clues for multiple administrative agencies, the difficulty of coordinating handling, and the losses of public interests after law enforcement. If the procuratorial organs have found clues in the case of public interest litigation cases, they can first negotiate with the water conservancy department to exert their efforts and improve efficiency. The fourth is to investigate evidence and obtain evidence. The procuratorial organs consider, retrieve, and copy water administrative law enforcement materials according to law and collect relevant evidence, and the water conservancy department shall cooperate and provide technical support. Fifth, the case report. If the procuratorial organs find that the water conservancy department may not be in place or hidden dangers of the risk of illegal risks, it shall be notified and reminded in time. After the case is settled, the procuratorial organs may notify the case handling of the case to the water conservancy department.

In addition, the cooperation opinion also pointed out that it is necessary to strengthen the guarantee of water administrative law enforcement and procuratorial public interest litigation. First of all, we must strengthen work overall planning, clarify the division of responsibilities, strengthen the guarantee of factors, do a good job of urging implementation, build a smooth work system; promote the establishment of a pseudo -watershed public interest litigation collaboration platform, uniformly connect relevant river basin management institutions, the highest procuratorial department is in conjunction with the Ministry of Water Resources, relying on collaboration, relying on collaboration The platform coordinates major cases. It is also necessary to promote information sharing and technical collaboration, jointly establish an information exchange platform, promote information sharing and exchange, and realize relevant data, clues and professional and technical connectivity; explore the joint construction of law enforcement judicial technology handling laboratories, and carry out water -related judicial appraisal and evaluation. Secondly, we must establish a business liaison mechanism, establish and improve expert libraries, distribute business backbones, and hire mutual invited prosecutors assistant and general law lecturers. At the same time, pay attention to publicity and guidance, extensive publicity and cooperation results, jointly carry out case analysis and classification of cases, and jointly release typical cases.

"China Business Daily · Law Weekly" reporter noticed that since 2018, the Ministry of Water Resources and the Supreme People's Procuratorate launched a special action "together to protect the mother river" to promote the solution of the chaos, chaos, chaos, and piles of chaos, piles, and piles, The "four chaos" issues such as random construction. In order to promote the problem of insufficient synergy of cross -regional and basin cases, the Supreme Procuratorate in 2020 issued the "Guidance Opinions of Prosecutor's Public interest litigation cross -administrative regions" to promote the establishment of the provincial section of the Yangtze River Basin cross -administrative region and administrative public interest litigation cooperation mechanism.

"The co -promulgation opinion of the Ministry of Water Resources and the Supreme Procuratorate is based on the in -depth summary of existing work experience, comprehensively deployed and promoted this work to improve the level of protection and governance of rivers and lakes." Law enforcement and procuratorial public interest litigation cooperation mechanisms are conducive to timely and informal illegal acts of illegal actors, and investigating the liability for damage compensation of illegal actors in the wading field, especially for the duties of multiple administrative agencies, difficult coordination, and after law enforcement. It is not enough to make up for the loss of national interests and social public interests, as well as illegal cases that are serious, severe, impact, and refuse to rectify, and better safeguard the national interests and social public interests in the wading field by mentioning civil or administrative public interest lawsuits.

Warning education with case interpretation

It is worth noting that at the press conference, the Supreme Procuratorate and the Ministry of Water Resources jointly released 10 typical cases, listing a series of typical illegal situations.

In the "People's Procuratorate of Anren County, Hunan Province, urging the protection of the protection of the Geothermal Water Resources of Wantian Village, Longhai Town", since 2010, 31 hot spring operations in Wantian Village, Longhai Town, Anren County, Hunan Province, Certificate, unpaid mining license, unpaid water resource fee, and not handling business licenses were reported by the masses. The Anren County People's Procuratorate filed a case and issued a pre -procuratorial proposal to the Anren County Water Resources Bureau. After receiving the procuratorial suggestion, the Anren County Water Resources Bureau formulated a special rectification action plan under the leadership of the county government, set up a working leadership group, comprehensively rectified 31 hot spring shops, and urged the destroyed water canal, machine farming roads, and farmland. The colorful warm flowing youth volunteers in Boxing County, Shandong Province pick up garbage by the Yellow River (CNSPHOTO picture)

In the "People's Procuratorate of Longquan District, Chengdu City, Sichuan Province, urging the rectification of illegal extraction of groundwater administrative public interest litigation cases", a washing company in Sichuan to provide hotel supplies washing business to a larger hotel, and drilled groundwater in the factory area. Relevant departments did not fulfill the duties of groundwater resources to protect the supervision of groundwater resources in accordance with the law, and failed to investigate and punish the company's illegal acts in a timely manner, which led to long -term damage to groundwater resources and infringing public interests. The People's Procuratorate of Longquanyi District, Chengdu, Sichuan Province, in the case of a laundry enterprise illegally extracted the groundwater administrative public interest lawsuit, takes into account the reasonable demands of private enterprises, and solves the water collection dilemma caused by legal compliance to solve the company's water pipeline network and promote the enterprise to promote the enterprise Green healthy development.

"Jiangsu Province Jianhu County People's Procuratorate sued Zhang Moumou and others in the Yangtze River illegal sand mining criminal attachment civil public interest lawsuit" was the implementation of the "Yangtze River Protection Law of the People's Republic of China" on March 1, 2021, which occurred together on the Yangtze River The illegal sand mining case is a project of the "Yangtze River Protection" project of the Ministry of Public Security.

From March to July 2021, 32 people such as Zhang Moumou and Zhang Moumou colluded with each other, using illegal modified invisible sand pumping boats to ban the ban between the river sections of the national nature reserve in Tongling Freshwater Dolphin in Anhui Province Illegal sand mining in the collection area and directly transported to sand ships for sale. Criminal gang modification, stolen, over -refuting, transportation, and sales of full -chain operations. By the time of the incident, 10 crimes were committed, and 46,765 tons of Jiangsha were stolen, worth 2.8931 million yuan, causing severe damage to the Yangtze River Jiangsha resources and ecological environment. Ma Moumou knew that the Jiang Saudi system was stolen, and he still acquired 1,700 tons and sold it. In this case, the People's Procuratorate of Jianhu County passed the special characteristics of the water conservancy department through cross -departmental collaboration and cross -regional cooperation, conducted professional regulatory investigations and comprehensive evaluations of the water conservancy department for the special nature of the sand mining waters. Based on this breakthrough in the traditional compensation liability demands, the loss caused by the damage caused by water ecological function, the "Interpretation of the Supreme People's Court of the Supreme People's Court on the Application of Punishment of Punishment of Punishment of Ecological Environmental Infringement Disputes in the Supreme People's Court" and other regulations. Two defendants with inferior trace claimed separately asking them to bear punitive compensation, realizing the punishment and prevention function of public interest lawsuits, and enlarging the warning effect.

Strengthen the construction of the law enforcement system

It is reported that my country has initially formed a water regulation system composed of 5 laws, 19 administrative regulations, 1 judicial interpretation, 55 departmental rules and regulations, and more than 1,000 local regulations and regulations. Fa Ke.

"While continuously improving the water regulation system, we continue to strengthen the construction of the water administrative law enforcement system, promote normalized law enforcement, special law enforcement, law enforcement supervision, and the level of water administrative law enforcement has continued to improve." Wei Shanzhong said that by strengthening the water administrative law enforcement enforcement Cooperate with procuratorial public interest litigation, give full play to the supervision, support and guarantee role of procuratorial public interest litigation, promote the healthy interaction between the water conservancy department and the procuratorial organs, form administrative and procuratorial protection co -operations, jointly crack down on water illegal acts, and improve the level of protection and governance of rivers and lakes. The next step of the Ministry of Water Conservancy will work with the highest prosecution to promote the construction of work systems in collaboration, horizontal collaboration, and complete supporting facilities, and continuously improve the level of cooperation between water administrative law enforcement and procuratorial public interest litigation to jointly maintain national water safety.

"The purpose of the procuratorial organs to carry out public interest lawsuits in the field of water conservancy is to make up the shortcomings of the protection and governance of Qihehu through legal supervision, promote the implementation of legal implementation, and safeguard the national interests and public interests of the water conservancy field. "Said Zhang Xuezhen, Deputy Prosecutor of the Supreme Prosecutor.

Regarding what issues should be paid attention to in work, Zhang Xuezheng said that paying attention to judicial non -offside, procuratorial public interest lawsuits do not replace administrative law enforcement; supervision is not lacking. Procuratorate is a legal supervision organs. It is to promote the water administrative law enforcement department to perform their duties in accordance with the law; the responsibility is not the same, and the goal of the procuratorial public interest lawsuit is to combine the difficulty and blocking point in the administrative law enforcement department.

Zhang Xuezheng said that the next step will be maintained, deepen the source governance, condense governance joint efforts, and improve the institutional mechanism. Focusing on the people's strong reflection of highly highlighting ecological and environmental problems, continuing to overcome, for a long time, handle a group of "hard bones" cases to promote the solution of a group of "boss difficulties". Strengthen the Supreme Procuratorate, the provincial -level court's self -run cases, strengthen cooperation with the courts, public security and other departments, improve the mechanism for the compensation mechanism for procuratorial public interest litigation and ecological damage, and use big data to empower the procuratorial work. , Explore the coordination mechanism for administrative public interest litigation across the country across the country.

>>>>> Links: Multiple places and multiple departments strengthen law enforcement supervision of the Yangtze River Basin in the "Ten Years of Fishing" joint law enforcement cooperation agreement in the "Ten Years of Fishing" joint law enforcement cooperation agreements in the Yangtze River Basin in Qinghai Province in Sichuan Province, Qinghai Haixi Mongolian Tibetan Autonomous Prefecture , Yushu Tibetan Autonomous Prefecture, Guoluo Tibetan Autonomous Prefecture, and counties in Ganzi Prefecture, Sichuan signed the "Ten Years of Fishing" Joint Law Enforcement Cooperation Agreement (hereinafter referred to as the "Ten Years of Fishing" in the Yangtze River Basin "(hereinafter referred to as the agreement) Cooperate to establish and improve joint law enforcement working mechanisms.

The agreement has carefully planned the establishment of a joint business system, law enforcement liaison system, joint inspection mechanism, collaborative co -governance mechanism, emergency collaboration mechanism, and information sharing mechanism. According to the agreement arrangement, the agricultural comprehensive administrative law enforcement department of various places will concentrate on the development of joint law enforcement and cross -law enforcement, and achieve strict investigation and strict investigation of illegal behaviors of cross -border and border waters, and promote the management of law enforcement supervision in key waters.

The agricultural comprehensive administrative law enforcement departments of various places will continue to earnestly fulfill the responsibility of territorial regulatory supervision, strengthen coordination and cooperation, improve the working mechanism, weave the grid of density, form a combined force, strengthen the supervision of law enforcement supervision of cross -border junction waters, and cooperate to prevent various types of fishery -related involvement in fishing. In illegal activities, illegal activities have completely cut off illegal fishing, transportation, and sale of wild fish black industry chains to provide strong guarantee for ecological recovery and protection of Qinghai section of the Yangtze River Basin.

At the same time, the Ministry of Human Resources and Social Security, the National Development and Reform Commission, the Ministry of Civil Affairs, the Ministry of Finance, and the Ministry of Agriculture and Rural Affairs issued the "Notice on Further Doing a Better Retirement of Fishermen's Resettlement Guarantee Work in Key Waters of the Yangtze River Basin" and further deploying the Yangtze River Basin to further deploy the Yangtze River Basin The relevant work of the fishermen's resettlement protection in key waters, and consolidate the results of the protection of resettlement.

The notice clarified four key tasks: First, accurately carried out employment assistance. Normalization is to provide policy preaching, employment guidance, occupational introduction, vocational training opportunities, etc.; Regularly collect a group of corporate positions suitable for fishermen's skills, and information without age restrictions and skill requirements, and timely directional push. The second is classified organizational skills training. According to the needs of fishermen withdrawn, carry out employment skills training, entrepreneurial training, new apprenticeship training, etc.; Innovative training models, vigorously carry out customized training or project system training; fully consider fishermen's schedule, optimize training forms, and have conditions for conditions. In the place, you can send training to the countryside to go to the countryside. The third is the bottom line of social security. Implement the subsidy policy of refund fishermen's endowment insurance, and pay the pension insurance benefits in a timely and time in time. For those who pay difficulties in accordance with regulations, the pension insurance premiums of urban and rural residents in accordance with regulations or all of the minimum standards will be incorporated into the scope of the minimum guarantee conditions in a timely manner. The fourth is to help key areas. Based on the actual situation, the list of key assistance cities and counties is established, the subcontracting contact system is established, and directional pairing assistance is carried out. Do a good job of transfer and resettlement of production of Jiangxin Island Lake. (Xu Rui reporter Li Haikai)

(This article was published on June 21, 2022, 1st edition of the China Business Daily Law Weekly)

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