[Local Procuratorate] Shanxi Xinyi: Release the province's first ecological environment public interest lawsuit "prohibition order"

After applying for the People's Procuratorate of Xinzhen County in accordance with the law, the county people's court issued a civil public interest lawsuit to a building materials company with a building material company on June 22 to stop the company's over -range mining mines and destroy the forest land. This is also the first ecological environmental public interest lawsuit issued by Shanxi Province.

Retrospective

A building material company in Xinzhen County applied for a mining license on October 3, 2017, with a mining area of ​​0.0277 square kilometers. Later, the company operated illegally and illegally occupied 5.4 acres of forest land. On May 3, 2018, the Xinyi County Forestry Bureau imposed a fine of 36,000 yuan in the company and ordered the restoration of the original administrative penalty. Fined fines continue to mining. On June 11, 2020, the company obtained the administrative license decision of Shanxi Forestry and Grassland Bureau, agreed to the company's annual mining and processing of 200,000 tons of stone production line projects with a collective forestry area of ​​Xinzhen County 2.77 hectares (41.55 acres). After identification, the company's destruction of forest land has reached 80.1 acres. The company's illegal operation and use forest land behavior without authorization harmed the public interests of social. Xinjian County People's Procuratorate filed a public prosecution to the Xinyi Court for the company's crime of illegal occupation of agricultural land and attached a civil public interest lawsuit.

In June of this year, the People's Procuratorate of Xinyi County found that the forest land resources and ecological environment of the company's site was still in damage during the special inspection of the special inspection of the company, and protection measures needed to take protection measures. In order to avoid continuous damage to the ecological environment and caused difficulty in making up for the loss, the People's Procuratorate of Xinzheng County shall apply to the county people's court in accordance with the law in accordance with the "Supreme People's Court on the Application of Ecological Environment Infringement Cases on the Application of Ecological and Environmental Infringement Cases on the Application of Ecological Infringements." The company's over -range mining of mines to destroy forest land. After the review of the People's Court of Xinzhen County, it made a ruling in accordance with the law to support the application of the ban on the People's Procuratorate of Xinzhen County.

On June 22, the county people's court posted an environmental protection ban order at the site of the respondent's production operations. The People's Procuratorate of Xinjian County was supervised simultaneously and assisted the county people's court to explain to the parties to explain in detail about the relevant environmental infringement prohibition of preservation measures. It stipulates that the relevant content of the popularization of land resources and ecological environmental protection.

Forbidden preservation measures are prohibited as a preventive rights relief. The purpose is to stop the ecological environment infringement in a timely manner and avoid damage to the applicant's legitimate rights and interests or the ecological environment. The preventive judicial justice of ecological environmental protection is carried out in a prohibited order, which is a useful attempt to actively perform the function of ecological and environmental public interest litigation. The Xinzhen County Procuratorate will continue to increase public interest litigation cases in the field of ecological environment and resource protection, and take procuratorial forces to escort the beautiful Xinyebang guarantee.

Source | Xinyi County People's Procuratorate

Edit | Yu Yingying

Review | Wu Ping

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