(November 12, Public Welfare Weekly of Procuratorial Daily)
Original title
Jinghu District Procuratorate, Wuhu City, Anhui Province: Carefully handle every "small" public welfare case with emotion
From the "fly line charging" of electric vehicles in residential areas, to the damage of a manhole cover on the sidewalk, to the "electric fishing" of ordinary fishermen, in the opinion of the public interest litigation prosecutor of the Fifth Procuratorate Department of the Jinghu District Procuratorate, Wuhu City, Anhui Province, there are no "small cases" involving public interests, only "big production", because everything related to the vital interests of ordinary people, No matter how small it is, every case must be handled with care and effort.
Pay attention to the "flying line charging" of electric vehicles in residential areas
The fifth procuratorial department of Wuhu Jinghu District Procuratorate visited the residential quarters to review the rectification of "fly line charging"
"Now 120 charging positions have been added on the ground of the community, and 100 charging positions have been added in the underground garage, which can basically meet the needs of the owners of the community for charging electric vehicles. Some will be added later. Previously, there was almost no charging by pulling wires privately, and the safety hazards we had been worried about have also been eliminated." On the morning of November 5, after listening to the introduction of Zhou Min, the property manager of Group 4, Xuri Tiandu Community, Jinghu District, Wuhu City, Dai Xiangjun, the deputy chief procurator of the Jinghu District Procuratorate, repeatedly told the property management personnel to strengthen publicity and guidance to prevent problems from rebounding.
These changes stem from the five pre litigation public interest litigation recommendations issued by the Fifth Procuratorate of Jinghu District Procuratorate in June this year.
"The electric vehicles in the corridor of the community occupy the fire channel to charge at will. Spider web like wires flying down from upstairs can be seen everywhere, winding around the newspaper box and trees. The security situation is really worrying." Zhang Yuchen, the secretary of the Fifth Procuratorial Department of the hospital who participated in the handling of the case, still remembers the chaos seen when he first came to the community for investigation.
In April this year, the Fifth Procuratorial Department came to the fourth group of Xuri Tiandu Community in Jinghu District to carry out an investigation according to the reports of the masses. Through in-depth investigation, it is found that not only this community is reflected by the masses, but also in other communities in the whole region, especially the old communities, where electric vehicles are charged at will. The problem of potential safety hazards is widespread. The main reasons are that the supporting charging positions in the community are insufficient, and the public's safety awareness is not strong.
The potential safety hazard of "flyline charging" of electric vehicles in residential areas involves multiple departments, and it is difficult to promote it by one department alone. Tang Hengming, the director of the Fifth Procuratorial Department, is responsible for handling the case. After finding the relevant legal basis and determining the responsibilities of the relevant departments, Tang Hengming brings the draft of the pre litigation procuratorial proposal one by one to listen to the opinions. In the process of soliciting opinions, Tang Hengming felt that the relevant departments were afraid of difficulties, and there was no small resistance to handling the case.
"The electric vehicle 'fly line charging' in the community has existed for many years, which has a great potential safety hazard and is also a persistent disease. Should we choose this community to explore the experience first, or should it blossom generally?" The Fifth Procuratorate Department carried out discussion, research and judgment for this purpose. It was agreed that we could try to hold a public hearing to hear what everyone said.
On the afternoon of June 3 this year, the hospital convened the principals of Jinghu District housing and transportation, fire control, emergency management, local streets, and police stations, and invited Wuhu people's supervisors, representatives of Jinghu District People's Congress, CPPCC members, media representatives, and citizen representatives to hold a public hearing on the security risks of "fly line charging" in the community.
At the hearing, everyone listened to the introduction of the case handlers and watched the video recording of the "fly line charging" safety accident. They agreed that the procuratorial organ, as the guardian of social and public interests, is necessary to supervise this issue. At the same time, it is suggested to select a community as a pilot to explore good practices.
Because the case involves public security and belongs to the outside field of public interest litigation, Jinghu District Procuratorate reported to Wuhu Procuratorate and received strong support. On June 19, the Jinghu District Procuratorate issued pre litigation inspection suggestions for public interest litigation to Jinghu District residential and transportation, fire protection, emergency management, local streets, and police stations, urged relevant departments to strengthen supervision according to their respective responsibilities, and focused on strengthening the management of potential safety hazards of electric vehicles "fly line charging" in four groups of Xuri Tiandu Community and the occupation of fire-fighting facilities.
After receiving the inspection suggestions, the relevant departments took positive action and jointly carried out the special rectification action to control the "fly line charging" of the community. Interview with the person in charge of the property enterprise, jointly carry out fire safety publicity, focus on rectification actions, and assist the property enterprise to build charging facilities. Under the supervision and promotion of the procuratorial organ, the relevant departments have played a "combination punch", and achieved good results after several months of governance.
Gu Ya, a reporter of the local Dajiang Evening News who has long been concerned about the "fly line charging" of the community, sighed after an unannounced visit to Xuri Tiandu Community: "The governance effect is better than I expected, and the involvement of the procuratorial organ has really played a great role in promoting it."
"The 'fly line charging' of residential quarters is a persistent problem. Next, we will summarize our experience, form a special report, and promote the gradual solution of the 'fly line charging' problem of residential quarters in the whole district." Dai Xiangjun said.
Timely solve the hidden danger caused by the damage of manhole cover
Inspection well cover damaged pavement site
It took less than 20 hours from the discovery of the potential safety hazard caused by the damage of the manhole cover to urging the relevant departments to repair it in a timely manner.
The time goes back to about 5:00 p.m. on May 14 this year. "The manhole cover on the nearby sidewalk has been damaged, and there is a major potential safety hazard. Please investigate and deal with it in a timely manner." Dai Xiangjun handed over a clue of the manhole cover case to the Fifth Procuratorate Department. Although it was raining hard when he was about to leave work, Tang Hengming realized that in such bad weather, the manhole cover on the sidewalk was damaged, which was likely to cause personal injury. After determining the specific location, he rushed to the site immediately to learn about the situation.
Tang Hengming saw at the scene that the manhole cover was damaged on the sidewalk near the intersection of Yinhunan Road and Zheshan West Road, the main road of Wuhu City. Due to the damage of the manhole cover to the road surface, a large hole with a diameter of nearly 1 m has been formed. The hole is more than 1 m deep below. There are no warning signs or warning signs around. In addition, there is a large flow of people and dark light at this place, which has a great potential safety hazard and is very likely to cause pedestrian injuries.
There is no trivial matter about potential safety hazards. Tang Hengming immediately contacted the person in charge of the Legal Affairs Department of Jinghu District Urban Management Bureau, and sent the site location, pictures and videos to the other party through WeChat, suggesting them to deal with them quickly. Jinghu District Urban Management Bureau immediately arranged personnel to arrive at the scene and took temporary protection measures after receiving the information and handling suggestions from the procuratorial organ.
In view of the problem that the damage of the manhole cover cannot be repaired in time, which affects the public safety and social public interests, the Fifth Procuratorate Department of Jinghu District Procuratorate issued a pre litigation procuratorial recommendation to the Jinghu District Urban Management Bureau the day after the incident, suggesting that the bureau immediately order the responsible unit to repair the damage of the manhole cover, At the same time, it is suggested that they should strengthen the troubleshooting of damage, loss and other similar situations of various inspection covers in the area under their jurisdiction to eliminate potential safety hazards.
Through the supervision of the procuratorial organ, Jinghu District Urban Management Bureau ordered the responsible unit to repair the damaged manhole cover in the afternoon of the day when it received the procuratorial advice. Then, the bureau drew inferences from one instance and carried out "centralized investigation and rectification of safety hazards of manhole covers" in the area under its jurisdiction. On the one hand, it required relevant property rights units of manhole covers to strengthen daily management and maintenance, on the other hand, it actively strengthened the inspection of similar situations on urban trunk roads, so as to find problems and deal with them at the first time, ensuring the safety of the people under their feet.
Let "electric fishing" people bear ecological compensation responsibility
The fifth procuratorial department of Wuhu Jinghu District Procuratorate went to a waste recycling point to investigate and collect evidence on the occupation of cultivated land
From January 1 this year, the Yangtze River basin has implemented a comprehensive ban on catching. However, during the fishing ban period, many fishermen still illegally catch aquatic products in the Yangtze River waters through "electric fishing" and other means.
Mr. Shu and Mr. Xu are local fishermen. According to the investigation authority, from June 2019 to April this year, the couple illegally fished 34 times in the Yangtze River, and illegally fished 66kg of aquatic products. The public security organ transferred two people suspected of illegal fishing for aquatic products to the Jinghu District Procuratorate for examination and prosecution. After the Fifth Procuratorate Department of Jinghu District Procuratorate filed the case, it was determined that Shu and his wife needed to compensate 7500 yuan for the recovery cost of fishery resources by entrusting experts to assess.
The number of cases involved in this case is small, and the effect may not be good if the case is solved by filing a lawsuit. Zhang Yue, the prosecutor in charge of this case, specially explained the law to Mr. and Mrs. Shu. The couple regretted their behavior and expressed their willingness to pay for the restoration of fishery resources.
After the compensation of Mr. Shu and his wife was in place, the Jinghu District Procuratorate decided not to initiate criminal incidental civil public interest litigation, and made a decision to terminate the review and handling (at present, the criminal part of the case has not been prosecuted). Zhang Yue said that this could not only serve as a warning and education, save judicial resources, but also help protect fishery resources.
Since this year, the Jinghu District Procuratorate has terminated four cases of illegal fishing for aquatic products by way of pre litigation compensation, and has urged the compensation of 22400 yuan for the restoration of fishery resources. At present, the Court is in contact with relevant departments to use the compensation obtained through public interest litigation for the restoration of fishery resources in the Yangtze River.
Illegal sand mining is one of the important factors affecting the ecology of the Yangtze River. Illegal sand miners should not only be held criminally responsible, but also be held liable for ecological restoration.
"If the compensation for the ecological environment restoration fund is in place, it is also one of the circumstances for the court to give a lighter sentence. Now the court will enter the execution procedure after the judgment is not paid. I hope you can seriously consider and actively compensate." On the morning of November 6, Han Xue, a case handling policeman of the Fifth Procuratorate Department, interviewed a party suspected of illegal sand mining and his litigation agent, Explain to them the role of compensation for ecological environment restoration and the way of compensation in advance.
In August 2019, Mr. He and Mr. Liu illegally mined 4360 tons of sand in Tongling section of the Yangtze River without obtaining a sand mining license, involving more than 230000 yuan, which has constituted a crime of illegal mining. In August this year, the Jinghu District Procuratorate filed a criminal incidental civil public interest lawsuit against the case, appealing to Mr. He and Mr. Liu to jointly compensate the ecological environment restoration funds and assessment costs of more than 270000 yuan, and publicly apologized to the society on the Anhui provincial news media. Previously, under the supervision of the investigators, Liu had paid more than 130000 yuan.
After listening to the introduction of the case handling police, Mr. He paid more than 130000 yuan of ecological environment compensation that he should bear that afternoon. The case handling police then promptly informed the court judge of Mr. He's active compensation.
In the past two years, the Jinghu District Procuratorate has filed 35 cases of criminal incidental civil public interest litigation with 193 people in the courts on the illegal sand mining of the Yangtze River, urging the parties to compensate 3.06 million yuan for ecological environment restoration.
