Public interest litigation
Huaibei Procurator: handled the first public welfare forest protection case in the city
Time: March 26, 2020 Author: News source: [Font size: large | in | Small

   The procuratorial organ of Huaibei City, Anhui Province found that Gao Dapeng was suspected of the crime of fire during the special procuratorial activity of "Guarding the Green Jianghuai Beautiful Homeland - Serving and Safeguarding the Construction of the Huaihe River Ecological Economic Belt". The damaged public welfare forest has not been repaired, and the administrative organ may be lazy in performing its duties. The public interest litigation department of Huaibei Municipal People's Procuratorate practiced an integrated working mechanism, and handed the case clues to the People's Procuratorate of Duji District, which transferred backbone forces to establish a case handling team of prosecutors to handle the case under the unified guidance of the Municipal Procuratorate.  

   After a series of investigation and verification, the case handling team found out that Gao Dapeng went to Shayuzi Mountain Field in Duji District to bury his grave on the morning of March 11, 2019, causing a forest fire, burning 4.27 hectares (64.1 mu) of municipal public welfare forest land, and 3489 oriental cypress trees in total. The price determination center of Huaibei City has determined that the dead cypress trees on the side of fire are worth 156307 yuan.  

   In order to find out whether the environment has been damaged, the extent of the damage, whether there is a causal relationship between the fire behavior and the environmental damage, how to repair, the cost of repair and other specialized issues, the procuratorial organ entrusted experts in environmental biology and ecology to carry out assessment and appraisal work and issue expert opinions on identification and appraisal.  

   The procuratorial organ believed that Gao Dapeng caused a forest fire in the process of sacrifice, which damaged the public welfare forest, damaged the ecological environment and forest resources, and damaged the national and social public interests. It made an announcement on Justice Online, urging the organs and relevant organizations required by law to file civil public interest litigation. After the expiration of the public notice period, the organs and relevant organizations specified by law did not file a lawsuit. The People's Procuratorate of Duji District filed a criminal incidental civil public interest lawsuit against Gao Dapeng for the crime of fire, and requested the court to order Gao Dapeng, the defendant of the criminal incidental civil public interest lawsuit, to compensate for the ecological environmental damage caused by him, which was equivalent to 100986.35 yuan, and to replant 2023 Platycladus orientalis seedlings in a timely manner, Pay 30000 yuan for management and supervision, and 20000 yuan for evaluation; Gao Dapeng was ordered to apologize to the public in the municipal media, and the court judgment in court fully supported the prosecution's claims. Gao Dapeng was deeply aware of the major damage to the ecological environment and natural resources caused by his actions, and actively fulfilled the judgment.  

   At the same time, the case handling team was also keen to find out that the case occurred, and the relevant competent forestry administrative authorities failed to fulfill their duties of forest fire prevention supervision, which resulted in negligence in performing their duties. According to the provisions of the third paragraph of Article 4 of the Measures of Anhui Province on Forest Fire Prevention, "the competent forestry administrative department of the people's government at or above the county level shall be responsible for the supervision and management of forest fire prevention within its own administrative area, and shall undertake the daily work of the forest fire prevention headquarters of the people's government at the same level.", On November 21, 2019, the People's Procuratorate of Duji District put forward procuratorial suggestions to Duji Branch of Huaibei Natural Resources and Planning Bureau, requesting it to cooperate with relevant departments in post disaster restoration work; Strengthen the patrol of the forests within the jurisdiction, and provide forest guards to carry out regular patrol inspection to prevent the recurrence of forest fires; Strengthen the publicity of forest fire prevention and popularize forest fire prevention knowledge.  

   Duji Branch of Huaibei Municipal Bureau of Natural Resources and Planning attached great importance to the procuratorial suggestions, timely docked with the municipal forestry department, and included the fire damaged plots into the 2020 eastern mountain farm multi-objective business project of Huaibei City. About 300000 yuan was invested to build a 20 meter fire separation belt at the junction of Xiaoxian County and Lieshan. 24 full-time forest rangers are employed and equipped with wind extinguishers, No. 3 tools, small radio and other fire-fighting and publicity equipment. All towns (streets) under the jurisdiction are required to be equipped with forest fire prevention propaganda vehicles, and forest fire prevention warning signs are set up at the entrance of the forest area, with forest fire prevention slogans and banners.  

   On March 20, 2020, the damaged public welfare forest land was effectively replanted and repaired under the direct participation and supervision of the procuratorial organs at the two levels in Huaibei City.