Co drawing a new picture of the harmonious coexistence of man and nature
——Procuratorial Performance Serves the Construction of a Beautiful China
Along the Yellow Sea, on Xiaoshi Island, a national marine ecological special protection zone, mountains and seas, waves and flowers, fishing boats and sunset glow complement each other. During the Spring Festival, a continuous stream of tourists came here to clock in.
"When I first arrived at the scene, I saw a large number of abandoned fishing nets on the beach, which seriously affected the overall style and features of the coastline." Yin Ping, a deputy to the National People's Congress and deputy director of the Qingdao Institute of Marine Geology of the China Geological Survey, Ministry of Natural Resources, recalled that the procuratorial organ promoted all parties to work together to control pollution by inviting experts to study and judge, holding joint meetings, and making and issuing procuratorial recommendations, Finally, the beautiful coastline of "lush water plants and full collection of sand gulls" reappeared.
The construction of ecological civilization is "the largest of the country", and the beautiful ecological environment is "the direction of the people". The National Ecological Environment Protection Conference held in July 2023 systematically deployed strategic tasks and major measures to comprehensively promote the construction of a beautiful China. As a legal supervision organ under the absolute leadership of the Party, the procuratorial organ has implemented Xi Jinping's ecological civilization thought and Xi Jinping's rule of law thought, anchored the goal of building a beautiful China by 2035, fully performed its legal supervision function, and worked together with all parties to achieve the eternal blue sky, green mountains and green waters of China.
Difficult measures:
Strictly punish crimes against ecological environment around major strategies
"'We should always adhere to the strictest system and the strictest rule of law to protect the ecological environment', which is a sentence repeatedly stressed by General Secretary Xi Jinping." Zhang Li, the head of Anhui Provincial Animal Husbandry Technology Promotion Station, who has been elected as a deputy to the National People's Congress for two consecutive terms, told reporters that more than 40 suggestions she put forward are mostly related to the construction of ecological civilization.
"Previously, in combination with the pollution of livestock and poultry farms encountered in my work, I suggested that the procuratorial organs should increase their efforts to crack down on crimes that damage the ecological environment, which was highly valued by the highest level of inspection," said Zhang Li.
In practice, how did the procuratorial organs implement the important instructions of General Secretary Xi Jinping and meet the people's higher expectations for a beautiful China?
In August 2023, on the occasion of the first National Ecological Day, the Supreme Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution, in which the first article adjusted the threshold of the crime of environmental pollution from "behavior incriminating+result incriminating" to mainly behavior incriminating, reflecting the original legislative intention of increasing punishment on environmental pollution crimes.
A large amount of aluminum ash generated during smelting was illegally transferred, dumped and buried by unqualified personnel in a waste aluminum processing site. The procuratorial organ of Zhejiang Province prosecuted 18 people for suspected environmental pollution crimes, and promoted the local establishment of a centralized hazardous waste disposal center. In May 2023, the case was selected as a typical case of severely punishing the crime of environmental pollution by hazardous waste according to law jointly issued by the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Ecological Environment.
In addition to the crime of hazardous waste polluting the environment, in recent years, the invasion of some exotic species has brought new challenges to ecological security. In response, the Supreme People's Procuratorate, the General Administration of Customs and the Supreme People's Court decided to jointly carry out a one-year criminal action to punish the illegal introduction of alien invasive species nationwide from September 2023.
"As the crime of destroying wildlife resources continues to rise significantly, we can strengthen the research on the governance of minor crimes such as illegal fishing of aquatic products. We can not only strictly punish according to law, strengthen biodiversity protection, but also adhere to the unity of law, principle and circumstances, the adaptation of crime, responsibility and punishment, and respect the law of ecological protection. In addition, we need to deepen the integrated performance of the "four major prosecutors" in environmental and resource cases and the linkage between departments to effectively achieve comprehensive governance. " The head of the First Procuratorate Office of the Supreme People's Procuratorate said.
Green Road:
Give play to the advantages of public interest litigation to promote comprehensive governance
Green development is the background of high-quality development.
Among the public interest litigation cases handled by procuratorial organs, the proportion of public interest litigation cases handled in the field of ecological environment and resource protection in the total number of public interest litigation cases remains at about 50%. From January to November 2023, the procuratorial organ handled 82000 public interest litigation cases in the field of ecological environment and resource protection.
There are many ports in the Yangtze River basin. Due to the flow of ships, decentralized supervision and unclear responsibilities, it is difficult to control ship pollution. The Supreme People's Procuratorate decided to file a public interest lawsuit against the pollution problem of ships in the Yangtze River, and adopt the "1+N" case handling mode, in which the Supreme People's Procuratorate is responsible for the main case and the procuratorial organs of 11 provinces (municipalities directly under the Central Government) in the Yangtze River Economic Belt simultaneously handle related cases, with layered supervision and overall promotion.
"Up to now, the procuratorial organs have handled 638 cables and 575 cases, promoted the improvement of the facilities for receiving, transferring and disposing pollutants from ships in the Yangtze River, and promoted the coordination of multiple departments and the linkage of the whole basin." Xu Xiangchun, director of the Eighth Procuratorial Office of the Supreme People's Procuratorate, said.
From taking the restoration of damaged ecology as the goal of handling cases, to exploring alternative repair methods and promoting the governance of litigation sources, the concept of public interest litigation is also advancing with the times. Over the past year, the procuratorial organs have continuously explored the green development path to serve the construction of a beautiful China——
In order to return to the blue sky, in June 2023, the Supreme People's Procuratorate will release typical cases of procuratorial services to ensure carbon peak and carbon neutrality; Shaanxi Provincial Procuratorate deployed special procuratorial and supervision activities for public interest litigation of air pollution prevention in Guanzhong area to promote the remediation of coal burning and other pollution; The Fujian Provincial Procuratorate, together with the Fujian Provincial Forestry Bureau, issued the Work Opinions on Applying the Forestry Carbon Sequestration Compensation Mechanism to Ecological Restoration in the Handling of Ecological Environment Criminal Crimes and Public Interest Litigation Cases, and 163 cases were applicable to the carbon sequestration compensation mechanism.
In order to protect the green water, in April 2023, the first National Strategic Procuratorial Forum for Service Guarantee of the Yellow River will be held by the Supreme Procurator Office, which will deploy procuratorial organs to provide services to safeguard the ecological protection and governance of the Yellow River, and launch a special action for water resources protection in the Yellow River basin together with the Ministry of Water Resources; Jointly with the Supreme Court and the Ministry of Public Security to deploy special crackdowns on illegal sand mining in the Yangtze River and special law enforcement actions on river and lake safety protection; The Supreme Law of the People's Republic of China jointly issued typical cases of public interest litigation in the prosecution of marine natural resources and ecological environment.
In order to maintain the red line of cultivated land, the Supreme People's Procuratorate and the Ministry of Agriculture and Rural Affairs carried out the special work of "procuratorial public interest litigation to help high standard farmland construction", and handled more than 1400 related public interest litigation cases; Establish a coordination mechanism with the Ministry of Natural Resources for procuratorial public interest litigation and land law enforcement investigation, and coordinate with the Ministry of Natural Resources to deal with the problem of illegal occupation of cultivated land; The procuratorial organs in Heilongjiang, Jilin and Liaoning have carried out in-depth public interest litigation and supervision activities to protect black land, and well guarded the "giant panda in cultivated land".
Symbiosis:
Jointly create ecological environment protection
Co construction, co governance and sharing pattern
In November 2023, the five part series of feature film "Guarding the Yellow River's Beautiful and Anlan" jointly produced by the Supreme Inspection Bureau and China Central Radio and Television Station became popular, and its audience rating ranked first among the star channels in the country at the same time.
"The feature film shows the experience and effectiveness of the procuratorial organs in public welfare protection, guides the procuratorial organs throughout the country to continue to give full play to the unique role of public welfare litigation in ecological protection and social governance, and carries out publicity and education with vivid cases of the rule of law to guide all sectors to form a consensus on public welfare protection." Representatives of the National People's Congress who continue to pay attention to the protection of the Yellow River basin Fang Lan, vice president of the Northwest Institute of Historical Environment and Economic and Social Development of Shaanxi Normal University, praised.
In addition to "Guarding the Beautiful and Anlan of the Yellow River", five major cross regional ecological environmental public interest litigation cases under the supervision of the Supreme People's Procuratorate were publicized by many central media on World Environment Day after successful completion.
"All these achievements cannot be separated from the active support of the Party committee, the People's Congress and the government. So far, 27 provincial Party committees and governments have issued opinions to support the public interest litigation procuratorial work, and 29 provincial standing committees of the People's Congress have issued decisions to strengthen the public interest litigation procuratorial work, all of which clearly require strengthening the public interest litigation work in the field of ecological environment and resource protection." Xu Xiangchun said.
At the same time, the procuratorial organ is also committed to improving the social support system and mobilizing a wider range of social forces to participate in the green water and green mountains defense war. By the end of 2023, the procuratorial organs across the country had recruited more than 86000 registered volunteers for "public interest". Volunteers reported more than 19000 clues through the platform to provide effective support for procuratorial work.
"Next, we will thoroughly implement the strategic task and major measures of building a beautiful China, focus on ecological environment issues in key regions, industries and fields, carry out special supervision, deepen the most strict system and the strictest rule of law to protect the ecological environment, strengthen the connection between procuratorial public interest litigation and administrative law enforcement, promote the implementation of information resource sharing, case trail transfer, and cooperate with investigation and evidence collection Working mechanism, to build the modernization of harmonious coexistence between human and nature with high-quality procuratorial performance services. " Xu Xiangchun said.
