Supreme Procuratorate: Strengthening the development of high -quality services in the new era to ensure the development of the Yangtze River Economic Belt
Author:Supreme inspection Time:2022.07.19
Strengthen the procuratorial supervision of the new era
High -quality service guarantee the development of the Yangtze River Economic Belt
Zhang Xuezheng, deputy prosecutor of the Supreme People's Procuratorate
In recent years, the national procuratorial organs have conscientiously implemented the spirit of the important instructions of General Secretary Jinping's "Grasp Gobbles and Do not engage in major development". The Yangtze River Protection Law promotes the punishment of crime, protecting public welfare, repairing ecology and complaints.
1. Promote the special work solidly and crack the "difficult to close the point"
Focusing on the Party Central Committee and the State Council's major decision -making arrangements such as the "ten years of fishing for ten years" and in -depth pollution prevention and control, the highest prosecution has conducted multiple special actions separately or in combination with relevant departments. Highlight the problem rectification.
The first is to continue to carry out special rectification of illegal fishing, and the lives of Baojiang River and Huimin. The two highs and two highs issued the "Opinions of illegal crimes such as illegal fishing such as illegal fishing in the Yangtze River Basin in accordance with the law", and the highest inspection "Prosecutor's Organization of the Criminal Procuratorate for Criminal Procuratorate in the Criminal Procuratorate of the Cases of illegal Fishing in the Yangtze River Basin" and "Procuratorate handling illegal fishing cases in the Yangtze River Basin handles the Yangtze River Basin "Answers on legal and policy issues" and other specifications and guidance of documents for handling case handling, identify crimes in accordance with the law, seize the crime, distinguish the nature and harm of the case, the severity of the circumstances, adhere to the criminal policies of the strict and strictness, and actively implement the less prodigal and prosecutor crimination. Judicial policy, accurately grasp law enforcement judicial scale. Since 2021, 14 provinces (cities) related to the Yangtze River "Ten Years of Fishing" have approved the arrest of 460 772 crimes of illegal fishing aquatic products, and 2,253 people are not approved. Social danger is not approved by 1867 people; 5,889 cases of 5,889 cases were filed, and 7,643 were not prosecuted, of which 131 were not constituted, and 7,404 were not prosecuted by the crime. To handle the case and the rule of law in the way of the rule of law and the rule of law. Practice tender justice, strengthen the ability to perform their duties, and avoid "put it on" for illegal fishing and not arresting cases. , Transforming employment, transforming from the "fishing man" to a "protector", which was commended by the World Nature Protection Alliance. Since the launch of the special rectification operation, the situation of illegal fishing illegal crimes in the Yangtze River Basin has been significantly curbed. The Yangtze River knife traces the phenomenon of tourism and porpoons.
The second is to strictly crack down on criminals of hazardous waste environment and strictly investigate "falsification". Since 2020, the Supreme Procuratorate and the Ministry of Public Security and the Ministry of Ecology and Environment have continuously organized special actions to severely crack down on criminal crimes of hazardous waste environmental illegal crimes, and severely crack down on illegal emissions, dump, dispose of waste mineral oil, sperm (steam) distillation residues, pesticide waste, and Dangerous wastes such as waste acids and waste batteries pollute environmental illegal criminal activities. Since 2021, the automatic monitoring data of key sewage units will be incorporated into the scope of special action rectification. Since 2021, the 11 provinces (cities) procuratorial organs of the Yangtze River Economic Belt approved the arrest of 452 846 cases of the above two types of crimes, and 850 public prosecutions were filed. The Guizhou Provincial Procuratorate and the Provincial Public Security Department and other units signed a special action plan to conduct investigations around 7 key watersheds and 11 key industries. Procuratorial organs in Hubei, Jiangsu, Sichuan, and other places were listed to supervise 2 to 3 cases of hazardous waste, respectively to promote governance with dots. For example, Daiqing, Mo Moubo and others in Zhongjiang County, Sichuan Province pollute the environment. Dai Qingfei acquired more than 1,100 tons of aluminum ash dregs with toxic and harmful substances from many aluminum companies in the province without obtaining relevant qualifications. , Used to refine aluminum ingots and make a profit from it. In order to save costs, Dai Qing piled the aluminum ash directly on the ground on the north side of the local West Mountain Reservoir, causing the local people to dizzy because of air pollution and the police officer. After evaluation, the cost of repair is as high as more than 100 million yuan. After the incident, the provincial and cities' third -level procuratorates jointly handled the case, followed up guidance, hunting and prosecuted in accordance with the law; prompted the suspects to voluntarily confess and confess their penalties. Safety disposal of hazardous waste and contaminated soil involved in the case.
The third is to promote special rectification in the field of natural resources and ensure ecological security. Actively carry out special actions to crack down on illegal crimes and destroy rare earth resources, and special rectification actions in the field of natural resources, and highlight the cracking down on illegal mining sand and mining crimes around the protection of flood prevention, navigation and ecological security. Since 2021, the 11 provinces (cities) procuratorial organs of the Yangtze River Economic Belt have approved the arrest of 1,907 people in the arrest of illegal mining and destructive mining crimes, and a public prosecution of 1,793 4,417 people. The Supreme Prosecutor's United Public Security Ministry of Public Security was listed and supervised by the "307" extraordinary sand mining case instructed by General Secretary Xi Jinping. The defendant in the case used illegal transformation of invisible sand pump boats to steal more than 46,000 tons of Jiangsha many times, which was extremely harmful to the safety of the riverbed ecology and shipping. The procuratorial organs filed a public prosecution against 33 defendants, and filed a civil public interest lawsuit against 14 of them, claiming that the ecological environment would damage more than 5 million yuan in compensation. Two defendants with inferior prosecutors were requested to bear punitive compensation. The court adopted all the opinions of the procuratorial organs, and sentenced 33 defendants to sentenced in prison for four years, six months to one year, and fined a total of 2.07 million yuan. Illegal income; 14 defendants with civil public interest lawsuits with more than 5 million yuan in civil damage compensation, apologizing for publicly repayment in the national media; two defendants who had illegal mining department had an additional 135,000 yuan and 12,000 yuan of punitive compensation. The fourth is to coordinate the promotion of the special supervision activities of "public interest litigation to protect a better life", which reflects the institutional advantages. Focusing on seven aspects of water pollution illegal, solid waste illegal, tailings pollution illegal, and wildlife protection illegal issues, etc., and increase public interest litigation cases. Since 2021, the 11 provinces (cities) procuratorials of the Yangtze River Economic Belt have focused on the overall situation and based on the actual reality of the local area, focusing on solving the outstanding problems of public welfare damage, achieved fruitful results, and 52,598 cases of public interest litigation cases in the field of ecological environment and resource protection; The pre -announcement announcement was 10,270, and the prosecution proposal was issued before the prosecution proposed to urge 34,091 duties; 920 cases of civil public interest lawsuits were filed alone; 372 cases of administrative public interest litigation case were filed. Adhere to the problem of the problem of central ecological environmental protection inspectors and the ecological environment warning film of the Yangtze River Economic Belt as the focus of supervision, focus on handling and supervision, and work together to promote the rectification of the problem. The procuratorial organs along the river conducted a follow -up investigation of the 623 problem clues involved from 2018 to 2021 to help solve a number of ecological destruction and environmental pollution.
2. Strengthen integrated procuratorial performance and maintain "the same frequency resonance"
The four -level procuratorial organs adhere to the idea of "one game of chess" and implement the "Opinions on Strengthening Cooperation Cooperation of the Yangtze River Economic Belt Prosecutor's Office of the Yangtze River Basin to strengthen the cooperation of the Yangtze River Basin" to protect the Yangtze River economy belt upstream, left and right shores, and dry tributaries. "".
The first is the upper and lower one. The highest prosecution paid close attention to the key points of the key points, guided the special operation problems of cracking, and listed in 4 criminal cases, 3 cross -provincial public interest litigation cases, and released 5 batches of 20 services to ensure the development of the Yangtze River Economic Belt, the protection of biological diversity of the Yangtze River Economic Belt, punishment for punishment, punishment Typical cases such as illegal fishing in the Yangtze River Basin, guide the accurate grasp of the grass -roots procuratorial cases to accurately grasp the policies, and promote the in -depth and orderly development of special actions. In order to solve the problems of difficulty in criminal cases in the field of ecological and environmental resources, and inaccurate cases, procuratorial organs in various places have introduced relevant guidance and established a system of three -level cases of major cases and supervision and supervision offices of higher -level hospitals.
The second is horizontal linkage. The highest inspection issued the "Provisions on the Work of Transporting Legal Supervision Cancers within the People's Procuratorate", and deepened the "four major procuratorials" coordination. Chongqing set up 44 "Yangtze River Ecological Prosecutors" office to integrate the "four major procuratorial" functions. Strengthen the connection between criminal prosecution and public interest litigation, and since 2021, the 11 provinces (cities) procuratorial organs of the Yangtze River Economic Belt have filed 4048 criminal civil public interest lawsuits for units or individuals who destroy environmental resources, allowing the offenders "".
The third is regional collaboration. In response to the jurisdiction of cross -regional environmental resource public interest litigation cases, it is difficult to make difficulties in the jurisdiction of the case. The top prosecution has held a special meeting to promote the establishment of a special meeting of the provincial intercourse of the Yangtze River Basin to control the administrative public interest litigation cooperation mechanism. The 19 provincial procuratorial organs of the Yangtze River Basin have formed more than 20 collaborative mechanisms one after another, focusing on illegal fishing, animal and plant discharge, garbage dumping, fishery farming, water transportation, embankment protection, and social security in the Yangtze River Basin. Combined with joint supervision, forming a full range and cross -regional protection joint force. Sichuan -Chongqing procuratorial organs and six departments such as public security and ecological environment will sign standardized documents to jointly crack down on illegal criminal behaviors of illegal transfer, dumping, and disposal of hazardous waste across regions, cross -ride, and handling hazardous wastes. Five working mechanisms such as communication.
3. Promote ecological restoration and sources of complaints, and promote "combined together"
The procuratorial organs proceed from the overallness of the ecosystem and the watershed, and actively promoted the "professional supervision+recovery judicial+social governance" ecological procuratorial model, and carried out ecological restoration and protection from the source system.
The first is to promote the connection between administrative law enforcement and criminal justice. The highest inspection issued the "Provisions on Promoting the Connection of Administrative Law Enforcement and Criminal Justice", and improved information sharing with investigating agencies and administrative law enforcement agencies, case notifications, and case transfer mechanisms. Active exploration of various places, for example, the Shanghai Procuratorate relied on the "One Netcom Office" to promote data sharing; the Sichuan Provincial Procuratorate led the guidance with the Agricultural and Rural Affairs Department and the Public Security Department; The Provincial Procuratorate's United Water Resources Department and the Public Security Department issued a riverside case of illegal sand mining for suspected criminal case transfer procedures; the Zhejiang Provincial Procuratorate invited experts from the Ecological Environment Department as a special invitation prosecutor, provincial, cities, county -level public, prosecutors, law, and ecological environment resource departments Set liaison separately to master the clues of the case in time, and will discuss disputes between disputes. The highest priority deepen the new model of the river in accordance with the rule of law, and the "river length+prosecutor" was produced as the first typical case of procuratorial reform in the country. The Procuratorate of the Yangtze River Economic Belt strengthened cooperation with the river -length system and its member units, promoted the construction of a "1+1+n" working mechanism, implemented important deployment of timely communication, joint promotion of key matters, and major difficult problems to discuss it to form a discussions to form to form a discussions to form to form a discussion to form formed Solve the new model of outstanding problems in the field of rivers and lakes. The second is to strengthen the cooperation of administrative law enforcement and procuratorial public interest litigation. The Supreme Procuratorate and the Ministry of Water Resources issued the "Opinions of Establishing and Improvement of Water Administrative Law Enforcement and Procuratorate Public interest litigation coordination mechanism" to jointly protect the beautiful rivers and lakes, green water and green mountains. Procuratorates in various places respect the role of administrative organs to perform their duties in accordance with the law, and actively support government departments as compensation right holders to negotiate or filed a lawsuit with the obligations of compensation. In the case of handling the case, actively urge the infringer to restore the damaged ecological environment by eliminating pollution, replenishment of green, and replacement. For example, the procuratorial organs of Jiangsu Province explore the establishment of a "mediation agreement+expert demonstration+functional supervision" complaint mode, change the practice that only advocates compensation, and requires the defendant to implement restoration to maximize the efficiency of litigation efficiency and environmental restoration.
The third is to strengthen public participation and use external wisdom. In response to the characteristics of ecological environmental resource cases, the characteristics of strong professionalism and extensive involved in the face, they pay more attention to the exploration and innovation of institutional mechanisms such as listening to many parties in procuratorial judicial cases and giving error -tolection space. In some provinces, the promotion representatives, the CPPCC proposal proposal and public interest litigation procuratorial suggestion to connect the transformation work mechanism, transform the proposal and proposal to reflect the protection of the Yangtze River protection into a clue of major or typical public welfare violation cases, and provide practical support for the legislation of the National People's Congress. R & D "Yixin is the public" procuratorial cloud platform, and continuously deepen the application of digital procuratorial in service guarantee in the development of the Yangtze River Economic Belt.
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