"Poetry and Far" of the special group

On July 6, Mr. Chen, a citizen, came to Hengyang East High -speed Railway Station in Hunan Province with the help of the side pull -type manual driving device. It took two minutes to find a barrier -free parking space in front of the public parking lot in front of the station. Next, Mr. Chen felt smooth along the way to pick up tickets, station, waiting, waiting, ride ...

"I still remember that I took the high -speed rail last time in September last year. I set off from home for one and a half hours in advance. It is reasonable to say that the time is very generous. There were no parking lots nearby. Later, it was difficult to stop the car, but did not catch up with the high -speed rail. "As a physical disabled person, Mr. Chen knew that the convenience of travel today is not easy.

"The construction of barrier -free environment is one of the symbols of the progress of urban civilization, and it can also best reflect the temperature of a city. Cabin -free travel is not only the need for the living needs of disabled people, but also the needs of special groups such as elderly people and fractures." Zhou Biping, the prosecutor of the Hengyang Railway Transport Procuratorate (hereinafter referred to as the "Hengyang Railway Inspection Institute"), told reporters that the hospital carried out special supervision actions on the construction of barrier -free environmental environment in the high -speed rail station under its jurisdiction, urged the problem of barrier -free parking spaces, and helped people with obstacles. "There is no hindrance to love" and achieved good results.

Survey: "Difficulties" for non -barrier parking for special groups

The rapid development of China's high -speed rail brings more convenience to the lives of the masses, and more and more people choose to travel high -speed rail. In October 2021, the Hengyang Railway Inspection Institute in accordance with the requirements of the Hunan Provincial Procuratorate, the Hunan Provincial Disabled Persons Federation, and the Hunan Provincial Department of Housing and Urban -Rural Development. Special supervision operation. Prosecutors found through visiting and investigations that the high -speed rail station existence of public parking lots in front of the station was occupied by barrier -free parking spaces, and the underground parking lot was not set up with barrier -free parking spaces. As a result, special groups were affected by high -speed rail travel and urgently needed to be resolved.

"It is easy to stop driving, and it is difficult to find parking spaces around the high -speed rail station." This is the personal feeling of many passengers traveling. For disabled people, it is a headache to find a suitable parking space around the high -speed rail station.

In accordance with laws and regulations such as my country's Disabled Persistent Law, the Protection Law of the Elderly Protection of the Elderly, and the Regulations on Environmental Construction, public parking lots should set up barrier -free parking spaces. Moreover, barrier -free parking spaces should be built in a convenient location, with clear and clear indicators, and distinguish between ordinary parking spaces with eye -catching ground colors. At least 1.2 meters of empty local wheelchairs should be left on both sides of the parking space.

Is the construction of barrier -free parking spaces in high -speed rail stations in the jurisdiction meet these requirements? Hengyang Railway Inspection Institute organized personnel to investigate in -depth, and several cases of case handling prosecutors and volunteers served as investigators on the field experience.

Mr. Tan, a disabled person who often takes the high -speed rail to Changsha, reported: "The non -barrier parking space of the public parking lot of Hengyang East High -speed Railway Station is locked, and there is no barrier -free parking space in the underground parking lot. Find a more wide parking space for a long time. "Mr. Meng also said:" As a disabled person, I am very eager to travel freely, and barrier -free facilities are like part of our body. If not, it will not only bring inconvenience to life, but also It will make us difficult to walk. "

Regarding the collected issues, Hengyang Railway Inspection Institute and the Disabled Persons Federation of the Zhuhui District of Hengyang City verified them one by one. Liu Jun, chairman of the Disabled Persons Federation of Zhuhui District, said: "There are indeed many people who need to use wheelchairs such as wheelchairs to report that barrier -free parking spaces in high -speed rail stations are often" difficult to find '. Some public parking lots are fundamentally fundamental There is no barrier -free parking space. Although some of the barrier -free parking spaces are set up, the guidance logo is not obvious. Other barrier -free parking spaces are locked. Local, there are no 1.2 meters wide channels on both sides of ordinary parking spaces, which causes great inconvenience to travel. "

Detective: There is a cognitive vagueness in the supervision of iron -related barrier -free facilities

"Most people may not pay attention to whether there are barrier -free parking spaces in the parking lot, but these details that are ignored by ordinary people are the mountains that are difficult for people with disabled people. They must find ways to solve them as soon as possible to effectively protect the safety of special groups." Hengyang Zheng Wei, a prosecutor of the public interest proceedings of the Railway Inspection Court. However, the public parking lot outside the railway station is not the jurisdiction of the railway procuratorial organs, which makes it difficult for the case handling team.

Who should "control" the public parking lot outside the high -speed rail station? Land for public parking lots outside the high -speed rail station belongs to local governments rather than railway departments. According to the principles of jurisdiction, the "hands" of the public interest lawsuit of the Railway Transport Procuratorate cannot touch related cases. However, if the clues are simply transferred to the local procuratorate, the local procuratorate may not be able to link high -speed rail stations to ensure that special groups "barrier -free" in and out of high -speed rail stations.

As a railway passenger transportation facilities, public parking lots outside the high -speed rail station are different from other parking lots in other public places. It is understood that Hengyang City has more than 210,000 people with a disabled person. Many of the special groups of disabled people have the demand for barriers to railway travel. The barrier -free parking space in front of the high -speed rail station and the barrier -free elevator, green channel, barrier -free ticket purchase facilities in the high -speed rail station, etc., jointly provide convenience for people with disabled people to enter and exit the high -speed rail station, which is inseparable.

During the interview, Li Jiangfa, the prosecutor of the case and deputy prosecutor of the Hengyang Railway Inspection Institute, introduced that the Xiangnan Railway area involved a barrier -free environmental construction of high -speed rail stations, railway stations and surrounding public places. There is a certain degree of "cognitive vagueness" in the supervision of barrier -free facilities in the railway field. Local administrative organs and railway units have not communicated and coordinated in time, and supervision duties are uncertain. In view of the fact that the barrier -free parking space at the parking lot in front of the high -speed rail station has the same effect as the barrier -free facilities in the high -speed rail station, the Hengyang Railway Inspection Institute clearly put forward the idea of ​​handling the case and decided to incorporate the public parking lot in front of the high -speed rail station into the high -speed rail station barrier -free environment construction construction. The scope will be reported to the Hunan Provincial Procuratorate for the 4 administrative public interest litigation cases. The Hunan Provincial Procuratorate believes that Hengyang Railway Inspection Institute's high -speed railway Hengyang East Station, Hengshan West Station, Puyang West Station, and Shaoyang Station Public Parking Lot has the characteristics of cross -administrative districts. Promote the construction of barrier -free environment for high -speed rail stations. Subsequently, the Hunan Provincial Procuratorate decided that the series of cases were under the jurisdiction of Hengyang Railway Inspection Institute.

Visit: Question and confusion Clarify the regulatory authorities

The Hengyang Railway Inspection Institute formed a special case handling team to communicate with local residential construction bureaus, the Urban Comprehensive Law Enforcement Administration, the High -speed Railway Station, and the Disabled Persons' Federation. At first, the relevant units had a lot of puzzles in the railway transportation procuratorate's case handling cases, some perfunctory cope, and did not actively cooperate with the investigation; some knew the procuratorial functions very little, and doubts: "Isn't the railway transport procuratorate handling railway cases? Govern us? "

Faced with various questions and incomprehension, the prosecutor introduced the functions and public interest litigation responsibilities of the Railway Transport Procuratorate in detail, and carefully explained the law. "Barrier -free parking spaces are not just people with disabilities. Ordinary people, such as elderly people, pregnant women, fracture patients, etc., may also be used at some point." Li Jiangfa said.

In accordance with the principle of "who builds and who is responsible", construction units and management units should do a good job of rectification and implement the main responsibility. "The difficulty of this series of cases is how to clarify the administrative responsibilities of various functional departments and effectively solve the problem of blurring the cognitive cognition of the public parking lot outside the high -speed rail station." Li Jiangfa introduced. After consulting a large amount of information, the Hengyang Railway Inspection Institute determined that the Hengyang Housing and Construction Bureau and Liyang City Housing and Urban -Rural Development Bureau were determined to urge them to strengthen supervision and management of high -speed rail Hengyang East Station and Puyang West Railway Station. Essence

Since the Hengshan County Government has previously passed the Minutes of the Government's special meeting, the management rights of the public parking lot in front of the high -speed rail Hengshan West Station were transferred to the county traffic tourism bureau, and the institutional reform was transferred to the county transportation bureau. After the lawsuit team traveled to multiple functional departments, it finally determined that the Hengshan County Transportation Bureau had the administrative duties of supervision and management of the parking lot in front of Hengshanxi Station.

In addition, the high -speed rail Shaoyang Station is undergoing energy expansion and transformation. The square in front of the Shaoyang Station includes the transformation of the parking lot in front of the station. The Hengyang Railway Inspection Institute has met the headquarters to remind the headquarters to improve the design of barrier -free parking spaces and accelerate construction through the form of letters.

Yao Hong, deputy director of the Eighth Procuratorate of the Hunan Provincial Procuratorate, believes: "This approach has also played a demonstration significance for the future cases of the same type. It can achieve the best results through the railway procuratorial organs to urge local and railway to strengthen the construction of barrier -free environment. "

Objective: Completion of barrier -free facilities at high -speed rail stations

The construction of barrier -free parking spaces is a microcosm of procuratorial organs to protect the rights and interests of special groups. Hengyang Railway Inspection Institute can facilitate the travel of special groups on how to build a high -speed rail station supporting public parking lot, whether there are common problems in the high -speed rail stations in the jurisdiction, or in -depth investigation and research on different issues. The construction report on the construction of the public parking lot outside the Shaoyang Station and the public parking lot was formed.

Yao Hong told reporters that the case was under the jurisdiction of the railway procuratorate to have a legal basis. The "Request of the Supreme People's Procuratorate on Adjusting the Administrative Cases of the first instance of the Hunan Provincial Procuratorate on Adjusting the Government of the grassroots institutes in accordance with the law in accordance with the law in accordance with the law" clearly answered " Public interest litigation cases, the "Pilot Work Plan for the Pilot Reform of Hunan Province Cross -Administration Zone" also stipulates that the railway procuratorate handles "public interest cases assigned by the relevant area and the provincial procuratorate." In addition, according to Article 17 of the "People's Procuratorate's Public interest Litigation Case Decision Rules", "The People's Procuratorate at the higher -level people's procuratorate can be handled by the public interest litigation cases under the jurisdiction of the subordinate people's procuratorate according to the needs of the case, and the relevant people's procuratorates within their jurisdiction will be specified." Public interest litigation cases that are not set up at the public parking lot of the public parking lots at the public parking lot of the public parking spaces at the front of the public parking lots in front of the public parking lot of the public parking lot at the front of the public parking lot at the upper level of the upper -level hospital can be handled.

It is understood that after the pilot work of the procuratorial reform of Hunan Province was officially launched, the Hengyang Railway Inspection Institute administered related cases within the scope of Hengyang, Shaoyang, Chenzhou, and Yongzhou. In January of this year, the Hunan Provincial Procuratorate issued the "Regulations on Several Issues of Cross -Public Welfare Litigation Cases (Trial) for the Cross -Administration Zone", which stipulates that the non -cross -administrative district specific public interest lawsuit cases with high social attention may be under the jurisdiction of the pilot procuratorate designated by the Hunan Procuratorate. Essence

After the Hunan Provincial Procuratorate designated a series of cases of barrier -free environmental construction in the public parking lot of Hengyang Railway Inspection Institute in accordance with the law, on April 22 this year, Hengyang Railway Inspection Institute issued public prosecution proposals to the Hengyang Housing and Urban Construction Bureau in accordance with the law. It is recommended to implement the supervision and management responsibilities, urge the completion of the rectification of the construction of barrier -free parking spaces, and establish and improve the reconstruction plan for barrier -free parking spaces, the review and supervision mechanism of barrier -free facilities. Although the continuous heavy rain affects the construction, Hengyang City Urban Construction Investment Company in front of Hengyang East Station still overcome difficulties, and completed all rectification work of the construction of barrier -free parking spaces at Hengyang East Station Station and underground parking lots on schedule. Essence

On June 7, the Hengyang Railway Inspection Institute invited some disabled people to Hengyang East Station to experience the non -obstacle parking space after the reconstruction. Liu Jun said that the procuratorial organs promoted the difficulty of solving the difficulty of parking for special group high -speed rail, and realized the leap from the transformation of the concept of protection of special groups from transformation to transformation, helping to ensure the full participation and integration of social life in special groups.

Exploration: How to achieve the same direction of cross -sector and cross -sector

"For barrier -free travel, there are still many jobs we can do." Zhou Biping said that as a representative of legal supervision organs and a representative of the public interest in social public interests, how the procuratorial organs can protect people's livelihood and people's interests through "small cases", how to use me "I me The "Du Guan" to achieve cross -domain and cross -departmental force requires further exploration.

"By handling a series of cases of barrier -free parking space construction of high -speed rail stations, Hengyang Railway Inspection Institute conducts beneficial exploration practices of the cross -administrative district's public interest litigation case, which reflects the characteristics of the rational adjustment of the case of cross -administrative division reform. In order to further deepen deepening与行政区划适当分离的司法管辖制度改革打下了基础。”湖南省法学会案例法学研究会秘书长邱帅萍认为，该案的办理是创新完善检察机关法律监督体系，优化司法资源配置，提升办理特定、 Specific measures for professionalization of cross -regional cases.

"It is worth noting that the construction of a barrier -free environment for public parking lots in high -speed rail stations is only a link for the travel of special groups. However, if there is no barrier to the entire social environment, the barrier -free of any single project and a single project is not perfect. "Qiu Shuai Ping believes that in fact, the key to the construction of a large number of barrier -free facilities is whether it can really take into account the needs of people with disabled people.

During the rectification process, the prosecutor noticed that in the past, the guidance of non -obstacle parking space was set up in front of ordinary parking spaces, and now it is set up in front of the newly set or rectified barrier -free parking space. A small detail shows the concern and respect for special groups, and also makes the concept of barrier -free concepts and consciousness more popular.

"'Small case' concerns 'big people's livelihood'." Liu Jun believes that if the barrier -free environment in a region is perfect, it can better attract tourists and drive local economic development. Good channels.

"The construction of barrier -free environment is a long -term and complex system engineering. It must be done for a long time and transforms special actions into a long -term mechanism." Zhou Biping said that Hengyang Railway Inspection Institute will perform his duties in accordance with the law, supervise and joint relevant departments to form work work Co -efforts to jointly strengthen the coordinated co -governance of barrier -free facilities in planning, construction, management and other aspects, comprehensively establish a linkage mechanism for procuratorial public interest litigation across administrative divisions in the jurisdiction, and protect the "poems and distant" of special groups such as disabled people.

(Source: Procuratorial Daily Author: Zhang Yinfeng Xu Jing Cao Zheng)

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