Environmental protection must be heard 丨 Gansu promotes the ecological protection of Qilian Mountain with procuratorial public interest litigation

In recent years, in order to give full play to the timeliness and effectiveness of the supervision of administrative public interest litigation, the administrative agencies have been urged to perform their duties in accordance with the law to effectively govern and protect the ecological environment of the Qilian Mountains. Good political, legal effects and social effects.

It is understood that since 2018, there have been 6,611 cases of public interest lawsuits in the ecological environment of the province's procuratorial organs, 5,894 pre -complaint procedures, and 483 public interest lawsuits, including 47 administrative public interest lawsuits, 65 civil public interest lawsuits, criminal and incidental attachment to criminal and bring 371 civil public interest lawsuits.

Increase the protection of wildlife resources

Qilian Mountain is an important ecological safety barrier in the western part of my country, an important water source of the Yellow River Basin, and a priority area for the protection of biodiversity in my country.

In order to meet the requirements of Qilian Mountain's ecological security protection situation, Gansu specializes in the establishment of the Qilian Mountain Forestry People's Procuratorate, focusing on cracking down on cases of damage to the protection of the ecological environment and wild animal resources.

From 2020 to 2021, three people including Cairen entered the protected area, causing a total of 1.6894 million yuan in wild animal resources.

After the public security organs were transferred to the Qilian Shanlin District People's Procuratorate for review and prosecution, the Qilian Shanlin District People's Procuratorate conducted investigation and judgment on the authenticity, inspection, and risk of this clue. The ledger and record.

After the case was transferred to the review and prosecution, the pre -complaint procedure, and the trial procedure, the court eventually made the defendant's talent to compensate the state loss and public apology.

It is understood that since the establishment of the public interest litigation system, the public interest litigation department of Gansu Provincial Procuratorate in Gansu Province has continued to make efforts in the public interest lawsuits in the ecological environment, highlighting the priority protection of public interest litigation in the ecological environment, and promoting high -level ecological environment protection; strengthened the protection of the ecological environment; strengthened The blow to illegal hunting and trading wildlife crimes will increase the protection of wildlife resources; combine public interest litigation with supervision and promotion of duties, and fostering the criminal cases of harmful and endangered wildlife. Animal losses increase the cost of illegal crimes of the parties and deter crimes.

At the same time, the procuratorial organs of Gansu Province also proposed the opinions of targeted supervision and performance of duties in the administrative law enforcement of wildlife protection or supervision vulnerabilities to promote the achievement of win -win, win -win, and win -win cases.

Strengthening ecological restoration and promoting parties to perform their obligations

The procuratorial organs of Gansu Province run the concept of green mountains and green mountains in Jinshan Yinshan, and innovate the new model of public interest lawsuits for innovation "relying on judicial handling cases, recovering judicially, and ecological restoration compensation." The ecological repair concept of "professional supervision+recovery judicial+social governance+diversified collaboration" guides the handling of ecological environment cases. This is another work highlight of Gansu to protect the ecological environment through the public interest lawsuit of procuratorial organs.

In February 2021, Xie Mou cited the ground weeds and shrubs on the Grand Capital Resources Management and Protection Station of the Dahekou Protection Station at the Qihekou Protection Station of the Qilian Mountain National Nature Reserve, and ignited the ground weeds and shrubs, resulting in a large area of ​​forest land burned.

"This time the mountain fire caused 31.4227 hectares of natural shrub land and 7.4418 hectares of natural grassland overfire, and the fire area system protected area experimental area.

After the incident, the Attorney General and the organizer of the case learned during the investigation that Xie Mou was a local poor households who set up a local card.

During the review process, the parties urged the parties to conduct pre -planting in accordance with the requirements of the ecological repair plan within the ecological restoration base through local grass -roots organizations.

Before the case was claimed to the court, the parties Xie Mou, with the help of grass -roots organizations and protection stations, replenished 9420 Qinghai Yunti Yunshan at the procuratorial public interest litigation ecological restoration base.

This case is the first public interest litigation case that the national and social public interests caused by the loss of fire caused by the losses caused by the losses of the country and the social public interest since the listing of the national park. The first procuratorial public interest litigation ecological restoration base was established.

"Whether the criminal suspect fulfills the obligations of ecological restoration as a sentencing circumstances can not only make them make up for their faults, get the lenient treatment of the law, but also effectively repair the damaged ecology." It is said that by establishing an ecological repair margin system, we also provide institutional guarantee for the parties who cannot achieve direct repair.

Supervise relevant departments in accordance with the law to implement rectification measures

Gansu Province has also done a good job in rectification of the feedback of the central ecological environmental protection inspection, supervising the relevant departments in accordance with the law to implement the rectification requirements, continued to carry out special supervision activities for ecological environmental protection of Qilian Mountain, and conducted a "look back" supervision on ecological environment issues. Implement to ensure the quality of rectification.

In early 2018, the Central Ecological Environmental Protection Inspector found that the Xiaoharteng area in Akscei County was 3427.07 acres of grassland due to illegal investigation of mineral resources, and ordered the restoration and treatment within a time limit.

In July 2019, the Central Ecological Environmental Protection Inspection Team issued a cash of the cash Taobei River Bay Circular Economic Industrial Park in 4 companies in the production dye intermediate in illegally discharged production wastewater in illegally, forming 7 seepage pits, with a total area of ​​more than 25,000 square meters, resulting in a large area, resulting in a large area Soil, groundwater and peripheral ecological environment are contaminated. In August 2019, the Central Ecological Environmental Protection Supervision Team reported the problem of the safety of the Sanyuishan Scenic Area and the safety of Mogao Grottoes at the Dunhuang Sanyuishan Sulfur Ditch Stone Factory.

In January 2021, the incident of "more than 10,000 acres of public welfare forests in the Yangguan Forest Forest of Dunhuang was severely cut off" incident caused widespread society.

In the face of the severe situation, Gansu Province focused on the tackling of the pollution prevention and control of pollution, and the procuratorial organs accurately grasped the functional positioning of public interest litigation supervision, collaboration, and pockets, exerted the role of public interest litigation, and adopted a variety of methods to participate in ecological environmental governance, and achieved remarkable results.

In response to illegal exploration and mining of ecological environment, Gansu Province has maximized public welfare protection through various supervision methods such as pre -complaints, round table meetings, and announcement of delivery.

In response to the problem of abuse of forests, Gansu Province has pursued criminal liability for criminal public interest, which not only investigates the criminal responsibility of the perpetrator, but also requires civil liability by replenishing green to achieve a win -win situation for cracking down on crimes and repairing ecology.

In response to the protection of wild animal resources, Gansu Province gives full play to the function of public interest litigation and prosecution functions, and uses good use of suggestions such as proposal and litigation.

In response to the problems of illegal sewage and pollution soil and water, Gansu Province practiced recovery judicial concepts and accurately handle the relationship between protection and development.

At the same time, disciplinary inspection and supervision organs in various places have strengthened the responsibility of supervision and discipline in the ecological environment, compacting the responsibility and supervision responsibilities of the main body of ecological environmental protection, and forming an overall joint force of co -administration and conspiracy to govern.

Source: China Environment Daily

Author: Wang Yan

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