[The 5th anniversary of the comprehensive push of procuratorial public interest proceedings] It is better to expand life in a new field

Author:Supreme inspection Time:2022.06.30

The Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era requires that the procuratorial organs are actively and stable to expand the scope of public interest litigation cases. Since the launch of the procuratorial public interest litigation in 2017, the legal fields of public interest litigation are based on the traditional "4+1", and have added new safety production, minors protection, military honor protection protection, personal information protection and other fields. On June 24 this year, the newly revised antitrust law also wrote the terms of public interest litigation. In addition, public welfare protection in the fields of network governance, financial securities, intellectual property rights, cultural relics, and cultural heritage protection is also actively explored.

【Cultural Relics Protection】

Re -incorporating the protection of the desertor cultural site

"I hope to take effective protection measures for the Qita Temple Temple Temple Temple and Monk Tomb Group ..." During the two sessions of Lizhou District, Ningbo City, Zhejiang Province this year, a CPPCC proposal attracted the attention of the Procuratorate of Lizhou District. After investigation, the institute sent prosecution suggestions to relevant units in accordance with the law, and the rectification work has been completed.

The Qita Zen Temple Temple Temple and Monk Tomb Group, located in Puzhou District, was founded in the Qing Dynasty. It was a cultural heritage that studied the history of the modern Buddhist history of Zhejiang. In September 2010, it was identified as a district -level cultural relics protection point. In January of this year, during the two sessions of Puzhou District, Master Kexiang, member of the Standing Committee of the District Political Consultative Conference and the abbot of the Qita Zen Temple, proposed that in recent years, the seven -Tower Temple Temple Tower Temple and Monk Tomb Groups have been continuously destroyed and needed to be protected. This has attracted the attention of the Procuratorate of Lizhou District. The public interest litigation department of the hospital found that the protective point of the cultural relics was in a desertor after many years, and the surrounding land had been leased. The contractor built large sheds in the protection area to breed poultry and livestock. Polluing the body and the surrounding environment of objects affects the safety of cultural relics and destroy history and environmental style. In addition, there are brick -and -tailed buildings in the protection area.

The hospital believes that as a district -level cultural relics protection point, the cultural relics of the Seven Tower Temple Temple and Monk Tomb Group, the surrounding environment and historical style have not been effectively protected, and the state of damage continues, and the state and social public interests are infringed. In March of this year, in accordance with the principle of territoriality, the hospital issued procuratorial suggestions to the local town governments with liability and management responsibilities in accordance with the law, requiring it to implement protection and management responsibilities, and conduct environmental remediation on the site and protection areas to ensure the safety and history of the cultural relics. The style is complete.

After receiving the procuratorial suggestion, the town government asked the contractor to immediately improve the environment. In May of this year, when the hospital went to the cultural relics protection point "looking back", it was found that the factors that affect the safety of cultural relics still exist, and the content of the procuratorial suggestions has not been implemented. In order to further enhance the effectiveness of procuratorial proposal, the institute and the district committee of the Communist Party of China, the district culture, radio and television tourism and sports bureaus, and the town government have contacted many times to seek work support. With the vigorous promotion of the hospital and the joint participation of relevant units, the cultural relics protection point has carried out large -scale environmental improvement work. The overall style was restored.

In order to avoid similar situations, and at the same time, the cultural value of the site was fully exerted, and the hospital had communicated with all parties many times to dock on the work of the Seven Temple monks into the Tower Hospital. Recently, Master Kexiang contacted the prosecutor of the case to handle the case of public interest litigation: "The Seven Tower Temple Temple Temple and Monk Tomb Group have been re -incorporated into protection. Thanks to the procuratorial public interest litigation ","

【Red Resource Protection】

Martyrs' tomb becomes a red education "punch place"

On May 20, 2022, the prosecutor of the Guanxian County Procuratorate in Shandong Province launched a special event for the protection of red revolutionary resources to protect the "look back".

"Everywhere lowered his head, bent his body into 45 degrees, and humble into a grass, a wood, a brick, a tile for the former residence, and the old site ..." Recently, when the reporter was interviewed in the Guanxian County Procuratorate in Shandong Province, he was in the hospital. Prosecutor Zhang Siqiang's notebook saw such a paragraph. This is the verse that Zhang Siqiang's presence of the martyr's tomb after handling the administrative public interest lawsuit of Sun Limin's tomb to protect and protect Sun Limin's tomb. The purpose is to remind himself to remember the martyrs and remember history.

Guanxian is an old revolutionary district. There are 17 revolutionary cultural relics incorporated into the protection list at all levels. Among them, 15 are included in the province's first batch of non -mobile revolutionary cultural relics lists in the province.

In April 2021, Guanxian Procuratorate organically integrated public interest litigation procuratorial and party history learning and education, and combined with the guardian "Red Guanxian". The revolutionary cultural relics of the protection list are arranged to comprehensively strengthen the judicial protection of red revolutionary resources such as revolutionary cultural relics and heroic commemorative facilities.

Under the guidance of the villagers of Tang Temple Village, Chongwen Street Office, the prosecutor saw the grave of Sun Limin who had become an ordinary earth grave in the southwest of the village. The tomb of the martyrs was covered in farmland full of seedlings, and the tombstone was not established to introduce the life of the martyrs, nor the pass to the people to enter and exit.

In September 2020, Martyr Sun Limin was included in the "Third Batch of Famous Anti -Japanese British and Hero Group List" published by the State Council. In December of the same year, the tomb of Sun Limin was included in the "First Batch of Unsable Revolutionary Cultural Relics List in Shandong Province". In accordance with the law, relevant departments shall set a protection instruction logo, define protection scope of the revolutionary cultural relics, specify the scope of protection, and designate a special person to manage the management. It should also improve the relevant infrastructure, maintain a solemn, solemn, and pure environment and atmosphere, and facilitate the masses to admire and mourn. So why is the tomb of Martyr Sun Limin look like?

In order to further investigate and verify, the prosecutor went to Tangji Village to learn about the situation again. "In June 1939, the Japanese army occupied Guanxian County, and Martyrs of Sun Limin participated in the Guanbei guerrilla brigade led by the Communist Party. In 1940, he joined the Communist Party of China. Limin martyrs were seriously injured and captured during the fight with the Japanese puppet army. In the face of the Japanese invaders, he hunger strike for seven days, and he was only 28 years old. " The villagers are still as precious.

In May 2021, the Guanxian Procuratorate issued a pre -procuratorial proposal with the county culture and tourism bureau, the county's retired military affairs bureau, the Chongwen Street Office and other departments, and urged relevant departments to fully perform protection and management responsibilities in accordance with the law, and adopt effective effectiveness to take validity. The measures should be done well for the repair and rectification of the related facilities of Sun Limin's tomb and the surrounding environment.

After receiving the procuratorial suggestion, the relevant departments attached great importance to it, actively strived for fiscal funds and contacted qualified units to establish martyrs' tombstones and cultural relics protection signs, and timely completed the relevant supporting facilities and environmental improvement work. At the same time, they determined and publicized the scope of protection and construction control areas, and signed a commissioned management and protection agreement with a person to strengthen daily protection and management.

On August 1, 2021, the tomb of the Martyrs of Sun Limin held an unveiling ceremony. Soon, the tomb of Martyr Sun Limin became the "punch place" of the red education of Guanxian County.

Guanxian is known as "Xiaoyan'an in Northwestern Ru", and 2,652 revolutionary martyrs, including Sun Limin martyrs, contributed their lives to the New China revolution and construction. "There are hundreds of other burial martyrs' tombs in the county, and their management and protection also have similar problems. We should establish a mechanism to focus on solving the problem." Zhang Siqiang, the prosecutor of the case, put forward his own ideas.

In August 2021, the Guanxian Procuratorate took the initiative to establish a special action work leadership group with the County Retired Military Affairs Bureau and other departments to formulate the "Special Action for the Management and Protection of Memorial Facilities of Martyrs and Memorial Facilities of the County and the County at the County". The goals and standards of martyrs' commemorative facilities and protection work, as well as specific requirements for strengthening personnel forces and strengthening regulations and policies.

As of now, Guanxian has renovated and protects 3 martyrs' memorial gardens, renovated 4 national famous martyrs' tombs and 123 scattered martyrs' tombs. The background color of "Red Guanxian" has become even stronger.

"We will give full play to the role of public interest litigation and procuratorial functions in the protection of red revolutionary resources, and strive to handle a case, warning a piece, and governance. The genetic integration of the procuratorial blood veins and strive to promote the high -quality development of procuratorial work. "Chai Qingyun, secretary of the Party Group and Attorney General of the Guanxian Procuratorate, told reporters.

[Protection of the Rights and Interests of the Elderly]

Make sure the minimum guarantee is issued in the hands of the elderly

With the development of economic and social development, the maintenance problem of the "empty nest" elderly people is increasingly concerned. Recently, the Sixth Procuratorate of the Tianshui City Procuratorate in Gansu Province and the Wushan County Procuratorate shall jointly handle the rights and interests of the elderly who have affected the issue of the elderly.

In March of this year, when the Wushan County Procuratorate was handled in a case, he found that 66 -year -old Zhang had difficulty in living and lonely. His husband and son had passed away. His daughter -in -law Lin lived with his grandson and granddaughter for a long time. The prosecutor learned further and learned that in 2018, the government handled the "single -person household" minimum guarantee for Zhang to enjoy the minimum living security fund in Gansu Province, but the minimum living security fund was issued directly to the "one for Lin as a householder" one In the account of the account. The passbook of this account was held and dominated by Lin. Lin lived in other provinces for a long time and did not actually deliver the lowest living security fund to Zhang. Zhang has repeatedly reported to the village and town that the subsistence allowances have been occupied by daughter -in -law, but have not been properly resolved.

In addition, the Wushan County Procuratorate also investigated that the phenomenon that the elderly groups were collected and occupied by their children or relatives by their children or relatives were not uncommon. , Unable to claim rights by yourself.

The Wushan County Procuratorate took the case as a public interest litigation case in the field of rights and interests of the elderly. The Tianshui Procuratorate's review believes that Zhang's minimum living security fund has long been occupied and used by relatives for a long time, resulting in difficulties in their own lives, causing adverse effects in the local area, violating public order and good customs, not conducive to the harmony and stability of society, and harming the public interests of social. As a responsible unit for the organization to implement the task of working aging, the local government must do a good job in the protection of the rights and interests of the elderly in the area under the jurisdiction, strengthen the daily management of the minimum living security fund, and apply for the minimum living security deposit card for Zhang as soon as possible to protect the legitimate rights and interests of the elderly in accordance with the law. Essence

Immediately, the Wushan County Procuratorate issued a pre -procuratorial proposal to the district government, suggesting that it improves the local minimum living security work and the elderly's pension service system, strengthen supervision and management, prevent the elderly from enjoying policies and affordable phenomena of others, and in the area under the jurisdiction. Carry out the publicity of the rights and interests of the elderly, and effectively safeguard the legitimate rights and interests of the elderly. After receiving the prosecution proposal, the government government applied for Zhang's independent social security card to ensure that the low guarantee issuance was in place. At the same time, the organizational force conducted a comprehensive investigation of similar issues in the township. In various ways, the rights and interests of the elderly should be carried out to protect the publicity of law popularization, and further create a good atmosphere of the rule of law in the jurisdiction.

"We will give full play to the legal supervision functions, and to carry out the special supervision of public interest litigation by the elderly's rights and interests, actively and stable to do a good job of public interest litigation in the field of support and support for the elderly, and effectively improve the level of protection of the rights and interests of the elderly. The procuratorial power of the prosecutor of the old and happy contributions. "Yang Yaoming, secretary of the party group and prosecutor of the Tianshui Procuratorate, introduced. [Protect the growth of minors]

Undertake the place of minors to be on the place of violation of the rules, the "red light"

"Have all the personnel registered?" "Is there a minor entered?" "What would you do if the adults came in with minors?" ... Recently, the Procuratorate of the Kaifeng Urban and Rural Integrated Demonstration Zone in Henan Province recently The joint demonstration zone Public Security Branch shall conduct a return visit to bar, KTV and other entertainment venues on the implementation of the prosecution proposal issued by the administrative public interest litigation of the previously issued.

At the end of 2021, the hospital discovered that the phenomenon of bars in the jurisdiction in the jurisdiction of the jurisdiction and recruiting minors in the jurisdiction frequently violated the "Protection Law of the People's Republic of China" Regulation. After consulting the relevant information and visiting the reservoir, the hospital was investigated in public interest lawsuits on the case of the bar and recruited minors on the case of the bar, and the district culture and tourism bureaus, the district human resources and social security bureaus, the district, district, district, district, district, and district The Market Supervision Administration issued a pre -procuratorial proposal, requiring it to increase the supervision and punishment of the behavior of the bar and recruit minors' behavior, and establish a long -term regulatory mechanism.

The procuratorial suggestions sent out should not be issued, and it must be implemented. On February 15, 2022, the relevant departments of the institute led the work promotion meeting, which once again clarified the specific responsibilities and rectification periods of each department. Yang Baoquan, secretary of the party group and prosecutor of the hospital, said at the meeting: "Protecting the healthy growth of minors is the common responsibility of the whole society. It is forbidden to enter the entertainment venues such as KTV and bars. As of February 2022, the four administrative departments have responded to the procuratorial advice, stating that it is necessary to strengthen the study of relevant laws such as the protection law of minor protection and prevention of minors. , Increase rectification and timely feedback to rectify the results.

It is understood that the Public Security Branch of the Urban -Rural Temple Integration Demonstration Zone issued a notice of ordering corrections within the jurisdiction, ordered them to actively rectify, and stated that the information verification and monitoring of the bar practitioners and consumers will be strengthened in the later period. The District Cultural Tourism Bureau and the District Human Resources and Social Security Bureau strictly require the information of the entertainment venues in the area to review the information of employees. The District Market Supervision and Administration Bureau is dealt with seriously in accordance with regulations for illegal recruitment and acceptance of minors.

After the efforts of all parties, the effect of rectification has been achieved at first. At present, the local entertainment venues have not been discovered again that minors enter, and the entrance is also prominently placed with a sign of "prohibiting minors from entering". The hospital will continue to follow up supervision, investigate and investigate from time to time, adhere to "look back", and promote the formation of a long -term regulatory mechanism.

Comment

Pay attention to people's livelihood hotspots

Actively and securely handle new field cases

The exploration of the new field of procuratorial public interest litigation not only makes the number of public interest litigation cases steadily progress, but also helps to give full play to this public welfare judicial system in the network ecology, human environment, spiritual civilization, etc. Ensure the major role in the cause.

The protection of cultural relics and cultural heritage is a key new area of ​​procuratorial public interest litigation deployed by the highest procuratorial deployment. The Procuratorate of the Lizhou District of Ningbo City, Zhejiang Province, connects the procuratorial supervision of the public interest litigation with the democratic supervision of the district committee and the members of the CPPCC, and coordinate the cultural tourism department to urge the town government to implement the responsibility Environmental protection and systematic governance have won praise from members of the CPPCC. Disassembling illegal buildings and breeding circles is the cure of standards, defining the protection area, investigation and evaluation of ground underground cultural relics, and excavating historical and cultural connotations to do a good job of active use. The necessity and feasibility of judicial protection.

In addition to the protection of traditional cultural relics, the protection of red resources such as revolutionary cultural relics and heroic commemorative facilities, it is also a special task that the highest prosecution has deployed in recent years. The Guanxian County Procuratorate of Shandong Province actively strives for the attention and support of the county party committee and county government, activate supervision responsibilities, subject responsibilities, and social responsibilities, and promotes the famous heroic revolutionary spirit represented by Sun Limin martyrs in the country. Essence Related functional departments such as procuratorial organs and retired soldiers across the country jointly sounded the "assembly number" of learning to learn from heroes and build the spiritual homeland of the Chinese nation.

The protection of "one old and one young" affects hundreds of millions of families and has a profound impact on a better life in the whole cycle.Strengthening the protection of the rights and interests of the elderly and the protection of procuratorial public interest lawsuits in the protection of minors is an innovative model that uses specific groups as the protection object to expand the scope of public interest litigation cases.The procuratorial organs of Tianshui City in Gansu Province have contributed to relevant departments to apply for independent social security cards to ensure that the low guarantee issuance is in place, effectively avoiding the elderly with policies and affordable alternative "old", and the procuratorial procuratorial of Chongqing City, Chongqing City, which has seen all the media before the media,The authority has the role of a demonstration leading role in poverty alleviation in the field of poverty alleviation.The procuratorate of Kaifeng City, Henan Province urged the rectification of entertainment venues to accept the issue of minors in violation of regulations. It is worth a summary and promotion as the typical cases of illegal sales of illegal sales of tobacco and alcohol in the Beijing Haidian District Procuratorate that urged the rectification of illegal sales of tobacco and alcohol.(The author is Hu Tingting, Prosecutor of the 8th Procuratorate of the Supreme People's Procuratorate)

(Prosecutor's Daily Lan Heng Qian Hong Kuang Xue Xue Na Na Mao Lin Liu Lixin Sun Ke Zhao Xinyi)

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