Guarding Daqinling Shangluo Procuratorate doing so

Author:Western Legal Media Network Time:2022.08.06

In the end of Nanyinling, the blue barrier is inserted to the sky; willing to take the cold wind and go straight out of the clouds; He magnificent, Tian Gongyao refers to Daqinling; how tall Qinling is, proud of the nine heavys; how many Qinling is, Yanhuang has an eternal love!

Qinling is an important ecological security barrier in my country, an important water source of the Yellow River and the Yangtze River Basin, and an important symbol of the ancestral pulse of the Chinese nation and the Chinese culture. Shangluo is the only global city in Shaanxi Province in the hinterland of the Qinling Mountains. The Shangluo Procuratorate deeply understands the significance of the Qinling ecological environmental protection, highlights its characteristics, actively acts, and can perform duties in accordance with the law, providing strong judicial guarantee for the promotion of Qinling ecological environmental protection.

Tree ideas and ideas continue to enhance the awareness of ecological environmental protection of Qinling

Wildlife is an important part of the natural ecosystem and an indispensable resource for human society. It is of great significance to crack down on the damage to the criminal crime of the Qinling wild animal resources and the recovery of ecological damage compensation for maintaining ecological balance and promoting the symbiosis of nature and nature.

One day at the end of September 2017, the defendant Yu Mou carried the "Electric Cat" component and rushed to the cold water spring in Daizhuling, Yinzi Village, Yinzhen District, Chang'an District, Xi'an. Kill a black bear, and after dissertation at the scene, he was transported back to the home of Beihe Village, Yingtui Town, Lishui County, Shangluo City.

On September 12, 2018, the former Shangluo City Forest Public Security Bureau was transferred to Shangluo City's Lishui Procuratorate for censorship and prosecuted by the defendant Yu Mou's suspected illegal hunting, killing precious, and endangered wildlife. The behavior of the second -level wild protection animal black bear filed a criminal attachment to civil public interest lawsuits, and asked the Lishui Court to order the defendant Yu to compensate for the economic loss of 40,000 yuan in the economic loss of the illegal hunting. The media publicly apologized. On November 28, 2018, the Lishui Court sentenced the defendant Yu to the crime of illegally hunting, killing precious, endangered wildlife, sentenced to one year in prison, and fined 3,000 yuan; compensation for ecological environment damage 40,000 yuan It is dedicated to repairing the ecological environment of the damage to the precious and endangered wildlife damage due to illegal hunting; ordered the news media at or above the municipal level to apologize publicly. After the verdict, Yu fulfilled the obligation to determine the judgment, apologized publicly at the Shangluo Daily, and paid 40,000 yuan in damage compensation.

Strict cracking down on illegal hunting precious, endangered wildlife and other criminal criminal criminal criminal criminal criminals, and requiring criminal defendants to bear ecological environmental losses and pay for the restoration of ecological environment compensation in accordance with the law. It is of great significance to maintain biological diversity and promote the comprehensive and sustainable development of the economy and society. It is the practical embodiment of the Shangluo Procuratorate to practice the ecological environmental protection of the Qinling Mountains.

"Adhere to the" leader 'project, coordinate the promotion of ecological environmental protection, formulate the "Implementation Plan on Strengthening the Integration of Public Welfare Litigation Cases", "The Measures for the Integration of Public interest Litigation of the People's Procuratorate of Shangluo City (Trial)" In the center, establish an integrated case handling mechanism; establish a leading group of Qinling Ecological Environmental Protection Special Supervision Activities, comprehensively organize and deploy work, truly hold ecological procuratorial work on your hands, shoulder your shoulders, and effectively bear the political responsibility and political responsibility of ecological environmental judicial protection and Legal liability. Since 2019, Shangluo has discovered a total of 1066 clues for ecological protection public interest litigation cases, 1030 cases, and 853 prosecution proposals were issued. The recommended rectification rate is 99.2%. Through handling the case, the local ecological environment has been effectively maintained, and the organic unity of legal, political effects and social effects is better realized. " He Yanzhi, the deputy team leader and deputy prosecutor, said.

In recent years, Shangluo Procuratorate has taken the initiative to integrate into the overall situation, consciously incorporate public interest litigation work into the national strategic height, and closely focuses on major strategic development of the "four major attacks", the development of the Yangtze River Economic Belt, and the ecological protection of the Yellow River Basin. The comprehensive governance of land resources pollution, wild animal and plant resource destruction, etc., give full play to the legal supervision work functions of the new era, continue to promote the ecological environmental protection of Qinling with procuratorial work, achieve remarkable results, and contribute to the inspection force of the Qinling ecological environmental protection. Essence

Grasp the key measures to continuously increase the ecological environmental protection of Qinling Mountains

Luonan, located in the south of Huashan, is the only Yellow River Basin County in Shangluo City. The forest coverage rate is more than 90%. The non -ferrous metal reserves are abundant. The mineral resources are in the province and the forefront of the country. , Iron, Coal, Potassium, Silicon, Baiyun Stone, Granite, Marble, Claundllar, etc., potassium long stones reserve of more than 100 million tons, ranking first in Asia, molybdenum reserves of more than 300,000 tons, ranking second in the province, gold in the province, gold in gold, gold, gold, gold Production in the province third.

Forest resources have important functions to maintain and improve the ecological environment, maintain ecological balance, and protect biodiversity. The Luonan Procuratorate found in the performance of public welfare supervision and found that there was an illegal occupation of forest land construction on the waterfield of Yushengwangyuan, Yuequan, Jingcun Town, Luonan County. After investigation, the illegal occupation of forest land is located on the north slope of Wangyuan Sand. The tree species are categories and oil pine, with a closed degree of closedness, and natural forests. They belong to young forests. The average tree is 2.4 meters high. The illegal occupation of forest land at Wangyuan Sand Farm, and the sand mining of the mountains and sand destroying the surrounding ecological environment. In July 2017, the Luonan Procuratorate issued a procuratorial suggestion to the Luonan County Forestry Bureau on the issue of illegally occupying the ecological environment of the Wangyuan Farm. It is suggested that the Luonan County Forestry Bureau actively fulfills its duties, promptly urged enterprises to carry out restoration governance work, repair the restoration, Ecological environment of damage.

After receiving the procuratorial suggestion, the Luonan County Forestry Bureau organized a special rectification on the sandy field involved in the case, requiring the sand field to comprehensively restore the surrender field occupation of the forest land, and entrusts the state -owned Shipo Forest Farm The Forestry Field Vegetable Forestry Forestry Planning and Design Plan "and fully implemented the governance work. In early November 2017, the county forestry bureau organized a special person to check and accept the over -range occupation of forest land recovery governance.

Since November 2017, the Luonan Procuratorate has continued to follow up the recovery of the ecological governance of the battlefield. Under the supervision of the procuratorial suggestion, the resumption of the resumption of the battlefield was better, and it basically achieved a suitable tree, adapting to local conditions, reasonable layout, density, and the surrounding ecology gradually recovered.

In recent years, Shangluo Procuratorate has adhered to the concept of "ecological priority, green development", taking case handling as the leader, special activities as the starting point, and taking the ecological environment public interest litigation procuratorial work as an important way to win the pollution prevention battle. Focus on outstanding issues such as Qinling's "five chaos" and "four chaos" in the river, and organize the organizational protection activities to protect the special supervision activities of the Qinling Ecological and Environment, the special supervision activities of soil pollution prevention, protect the wetland ecological environment supervision activities, "join hands with the four chaos, protect the mother to protect the mother A series of special supervision activities such as the "special action of the river" special operations, ecological and environmental public interest litigation procuratorial "look back" special activities. Through the handling of the case, more than 1,500 acres of cultivated land and cultivated land were restored to the case, urging the closure of more than 100 illegal sand mining points, urging more than 80 illegal sewage stations, urging more than 60 environmental pollution companies, cleaning pollution or illegal occupation of illegal occupation The river channel is more than 140 kilometers, and it is urged to regulate the disposal of more than 10,000 tons of solid waste.

Creating mechanisms for grasping cases to continuously strengthen the special supervision of ecological environmental protection of Qinling Mountains

Shangzhou, the whole territory is located in the hinterland of Qinling, known as "Ba Mountain, One Water, One Point". Nature and animal and plant resources such as forest and wild animals are extremely rich.

Equise is the ancient tree species left by the Fourth Glacier period. It has a history of 2.5 million years and belongs to the national first -level protection of wild plants. On March 5, 2019, Yang Moumou, Hou Moujia, and Hou Mouyi violated the national wild plant protection laws and regulations and did not apply for the national key protection of wild plant collection certificates. The villagers dug on the mountains, and Yang Moumou dug 8 plants, Hou Moujia dug 4, and Hou Mouyi dug 4. The villagers discovered and called the police, and Yang Moumou and the three were arrested on the spot. It was identified that the 16 wild yew plants were 10-56cm high and the seedlings were 2-5 years.

The Shangzhou Procuratorate discovered the clues of public welfare violations in the key protection of plants in the national key protection of the country in the case of Yang Moumou and other three people. On August 22, 2019, a criminal civil public interest lawsuit was established. The hospital found the facts of the case through on -site inspection, reviewing criminal dossier, and inquiring the parties, entrusted the Shanyang County Forestry Investigation and Planning and Design Team to evaluate the ecological environment damage, and formulated an ecological restoration plan to confirm Yang Moumoumoumoumoumoumou Moumoumou Moumoumoumoumou Moumoumoumoumou The cost of restoration and restoration of ecological environment caused by Houjia and Hou Mouyi was 30,200 yuan, 1,5200 yuan, and 1,5200 yuan, and apologized publicly.

On November 7, 2019, the Shangzhou Court of Shangluo City had a public trial of the case. Yang Moumou and the three people had no objection to the facts and evidence. On November 26 of the same year, the people's court made a criminal attachment to civil public interest lawsuits and sentenced Yang to three years in prison, four years of probation, and 6,000 yuan for illegal protection of plants in the crime of illegally harvesting the country. Three years in prison, three -year probation, and fine of 3,000 yuan, the judgment will support all civil welfare lawsuits of the procuratorial organs.

On the day of the trial, Yang Moumou paid a total of 60,600 yuan for the cost of restoration of the ecological environment. In March 2020, the Shangzhou Procuratorate, together with the Shanyang County Forestry Bureau, established the red bean replantation base in accordance with the principle of "adapting to local conditions and recovery in place", and the bureau carried out ecological restoration work in place to plant artificially breeding red soy saplings 160 strains. The Shangzhou Procuratorate urged the Shanyang County Forestry Bureau to coordinate the local government and villagers' committees, determine the person in charge of town -level and village -level management and protection, entrust local villagers to manage and implement long -effect management.

Zhen'an, located on the southern foot of Qinling, southwest of Shangluo City, the Hanjiang River tributary Qianyou River and Xunhe Middle reaches. The Qianyou River and Xunheye Fish resources in the county in the county are well -known. It is well known that the ecological environment is a complex and huge system composed of biological resources, land resources, air resources, water resources and quality. Basic conditions. As an important part of the ecological environment system, wild fish resources and waters are protected by national laws. From February to March 2019, Yang Moumou, Feng Moumou, and Guo Moumou used homemade fish in the ban on fishing and fishing areas. 388 kg, the three defendants adopted the method of leaving the law in natural waters to fish wild fish. Most of the fishing time was performed in the fishing period of the fish spawning period. Fish reproduce normally, and the ecological environment of the waters is severely damaged. The fact that the defendant infringes the public interests of the country and the society is clear, and the evidence is indeed sufficient. Responsibilities and restoration of ecological and environmental civil liability.

On June 11, 2019, the Zhen'an Procuratorate and the Zhen'an Court carried out the public interest litigation ecological restoration and release activities. The on -site supervision of the person involved in the case was in two batches of 15,000 catties of fish fry to the Ganyou River to repair the ecological damage caused by illegal fishing.

"Previously, because of the weak concept of law, there was no sense of ecological protection, he committed the law. Now he pleaded guilty and purchased fish fry to put the river, hoping to make some compensation." At the proliferative release site, Guo Moumou involved in the case was regretful.

In recent years, the Shangluo Procuratorate has adhered to the principle of "who develops and who protects, who destroys who recovers, and who uses compensation", and actively uses the replacement of replacement green, proliferative release, and payment of ecological compensation in criminal public interest litigation cases. Restore ecological functions, change the simple case handling model of "heavy punishment", and explore the "four -in -one" ecological procuratorial model of "professional legal supervision+recovery judicial practice+socialized comprehensive governance+warning prevention education". Through the case, more than 80,000 fish fry was put into various tributaries in Danjiang, and more than 5,000 saplings such as yew and forsythia were planted in the place of the incident. Judicial protection effect.

The aggregation of the construction mechanism continues to expand the "circle of friends" of the Qinling ecological environment protection

"The construction of ecological civilization is the fundamental plan for the sustainable development of the Chinese nation. The South -to -North Water Diversion Project is a moral project that reflects the comprehensive strength of my country in the contemporary and benefit of the people of the contemporary autumn. It is the core area of ​​the Daqinling Ecosystem. It is an important water source of the South -to -North Water Diversion Middle Line Project. Protecting Shangluo's ecological environment and natural resources is the key link of the success or failure of the South -to -North Water Diversion Middle Line Project. Real significance. The city's procuratorial organs enhance the four consciousness 'and firmly' four self -confidences ', so as to "two maintenance', which will protect the Qinling ecological environment and the ecological environment of the Danjiang Basin as the focus of work. Protecting and repairing functions, contributing procuratorial forces in the construction of ecological civilization, and reflecting procuratorial responsibilities in guarding the green mountains. "Wang Hongjuan, secretary of the party group and chief prosecutor of the Shangluo Procuratorate, said loudly.

In recent years, the Shangluo Procuratorate has actively strengthened communication with relevant functional departments. By establishing a working mechanism for connecting the work mechanism, it has continuously expanded the "circle of friends" of ecological environmental protection to improve services to ensure the overall effect of ecological civilization construction. The Shangluo City Procuratorate and the Changluo City Office of Shangluo City established a normalized collaboration mechanism of the river "Qing Four Chaos", continuously deepening the effectiveness of the "river length+prosecutor" mechanism, and promoting the "administrative+judicial" waters ecological protection synergy. Co -signed the "Common Construction Agreement for the Ecological Environmental Judicial Protection Base" with the Six departments of Shangluo Intermediate Court, the Municipal Agricultural and Rural Bureau, the Municipal Water Resources Bureau, and the Municipal Forestry Bureau. The effect of "restoration of ecology and overall balance" in different places, further enhance the judicial joint effort of ecological environmental protection.

Implementing cross -regional procuratorial work cooperation mechanisms are adjacent to the common desire and urgent needs of procuratorial organs in the neighboring regional procuratorial organs. Shangluo Procuratorate establishes a big protection concept, and establishes the protection collaboration mechanism of the water source area of ​​the South Water Diversion Middle Line with the establishment of the three provinces and four cities in the three provinces and four cities. The handling of cross -regional ecological violation cases will be changed from "respectively for fighting" to "co -administration and governance", and effectively safeguard the public interests of social.

In 2017, the Shangnan Procuratorate and the neighboring Nanyang City Council, Xixia County Academy, Shiyan City Puyang District Council, and Danjiangkou City Court jointly established a joint meeting system for serving the ecological environmental protection area of ​​the South Water Diversion Water Source Area to explore a cross -province Procuratorate protects the work mechanism of ecological environment collaboration. In October 2018, the Shangnan Procuratorate and Xichuan County Court launched a large -scale joint law enforcement activity to protect the ecological environment of the "procuratorial+administrative" to protect the ecological environment. Make significant results. Practice has proved that this creation has a strong vitality and has become a new brand of procuratorial organs in the three provinces. In November 2018, the second joint meeting of the ecological environmental protection work of the South -to -North Water Diversion Middle Line Engineering Water Source District in the three provinces of the three provinces of Hubei and Shaanxi provinces was held in Danjiangkou City. The meeting expanded the scale. The Ankang City Court and the relevant grassroots courts under their jurisdictions basically formed the community of ecological and environmental procuratorial communities in the three provinces and four cities and four cities and four cities. In 2019, the Shangluo City Procuratorate organized the third joint meeting of the ecological environmental protection of the South -to -North Water Diversion Mid -line Water source area in the neighboring area of ​​Shaanxi, Henan and Hubei, to further promote the coordination and linkage of the procuratorial organs, and promote the in -depth development of the construction of the community of ecological procuratorial community in the three provinces and four cities. Qin Ling was speechless, but only silently guarded the thousands of spirits in his mind.

Qinling is my country's central water tower and an important ecological security barrier, and it is also an important symbol of the ancestral pulse of the Chinese nation and the Chinese culture. Shangluo Procuratorate has always kept in mind the "big country", insist on placing the Qinling ecological environment in a more prominent position to promote, continuously increase the ecological protection of Qinling, and continuously practice and improve the concept of public interest litigation ecological protection. With the focus of creating "Being a good Qinling Ecological Guard and helping the revitalization of the countryside", the procuratorial public interest litigation brand focuses on the point of view, focusing on the "five chaos" of Qinling, guarding the "ecological green" with "procuratorial blue", giving full play to the procuratorial supervision function, and zero tolerance attitude Resolutely crack down on illegal and criminal acts that destroy the ecological environment of Qinling, promote the performance of administrative organs in accordance with the law, and provide a strong judicial guarantee for the in -depth promotion of the construction of ecological civilization. (Reporter Li Yu)

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