May 9, 2024, China Construction News, 3rd edition
Anhui: Consolidate the "City Wall of Rule of Law" for Historical and Cultural Protection
In September 2023, the Supreme People's Procuratorate and the Ministry of Housing and Urban Rural Development jointly issued the Opinions on Strengthening Cooperation in Prosecutorial Public Interest Litigation to Protect and Inherit Urban and Rural History and Culture in accordance with the Law. Anhui Province took the opportunity of implementing the Opinions to promote the construction of a high-quality judicial security and cultural province.
The People's Procuratorate of Anhui Province and the Department of Housing and Urban Rural Development of Anhui Province jointly issued the Opinions on Establishing a Coordination Mechanism for Administrative Law Enforcement and Public Interest Litigation in the Field of Housing and Urban Rural Development, promoting the coordination of public interest litigation in procuratorial work in seven key areas, including history and culture. In November 2023, a one-year special supervision activity will be carried out in the field of urban and rural historical and cultural protection and inheritance.
Systematic arrangement shall be implemented step by step
Define an overall goal. Closely centering on the important decision and deployment of the CPC Central Committee and the State Council on strengthening the protection and inheritance of urban and rural history and culture, through special supervision activities, we formed a joint force of administrative law enforcement and procuratorial supervision and protection, promoted administration according to law, and promptly corrected violations.
Strengthen the leading responsibility of 2 departments. Local procuratorial organs and competent departments formulate specific plans for their own regions, jointly urge relevant responsible subjects to perform their duties, and ensure the smooth implementation of special supervision activities. In the process of implementation, provincial departments will jointly carry out key spot checks to strengthen the consultation, research, judgment and rectification of difficult problems.
Divide into three promotion stages. In the mobilization and deployment phase, we will focus on strengthening the status quo and clues, and sort out the key and difficult issues in the field of historical and cultural protection. In the stage of troubleshooting and rectification, it emphasizes classified disposal, timely reports the potential risks and hidden dangers, and urges the legal performance of duties; Those who seriously affect the safety of historical relics and refuse to make rectification shall be handed over as public interest litigation clues; If a crime is constituted, the case shall be transferred to the public security organ for investigation. In the stage of summary and feedback, special research reports or targeted suggestions will be formed to give full play to the governance effectiveness of procuratorial public interest litigation.
Implement four safeguard measures. Including strengthening organization and leadership, strengthening communication and cooperation, focusing on publicity and guidance, and supervising the implementation of rectification. Determine a special contact organization and contact person, communicate specific issues, investigate and collect evidence according to law for the case clues found, and conduct entrusted assessment and expert argumentation when necessary. Make full use of "procuratorial suggestions+research reports" and other forms to urge the implementation of rectification and promote traceability governance.
Specify five key supervision tasks. Focus on the infringement of national interests or social public interests in the field of urban and rural historical and cultural protection and inheritance. Specifically, it includes destroying the traditional pattern and features of historic districts, historic and cultural towns, and famous villages; Building or rebuilding in violation of the control requirements of the protection plan; The owner or user has an impact on the historical relics and public safety due to improper maintenance and use; Relocation and demolition of historical buildings without approval and other illegal acts.
Focus on cooperation and joint efforts to promote joint governance
Establish a cooperation mechanism and strengthen departmental linkage. The provincial level organized several meetings to implement the work, and all regions strengthened the "government inspection linkage" effect. Chuzhou and other places printed and distributed implementation plans to strengthen the role of public interest litigation as a guarantee; Shexian County, a national famous historical and cultural city, held a symposium on the "linkage between government and procuratorate", and the "Administrative Measures for the Maintenance and Repair of Historical Buildings in Shexian County (Provisional)" issued and implemented specifically added the content of public interest litigation.
Give full play to the procuratorial governance effectiveness of public interest litigation, and form a joint governance force. Give play to the coordination mechanism of administrative law enforcement and judicial protection, and form the integration advantage of "coordinated litigation". Explore the establishment of regular cooperation mechanisms such as consultation, research and judgment, information sharing, special linkage, clue transfer, case handling cooperation and case notification. For example, Huangshan City has built a three-dimensional, professional and legal protection model of "public interest litigation prosecution+competent department+Huizhou experts+grassroots organizations+the public" to improve the protection of Huizhou cultural heritage.
Strengthen supervision and management, and promote high-quality historical and cultural protection. The Department of Housing and Urban Rural Development of Anhui Province carried out a provincial assessment of historical and cultural protection in Anhui Province by means of "inspection+secret visit", combed typical experience and practices, and took the 60 specific problems found as the focus of special supervision. All localities should speed up the establishment of basic accounts and determine the key points of supervision.
Take multiple measures to enhance the effectiveness of supervision
We will promote the governance of litigation sources. In the special supervision activities, the procuratorial organs at all levels and the competent departments of housing and urban and rural construction in Anhui Province comprehensively sorted out and sorted out the key and difficult issues in the field of historical and cultural protection, and formed a specific work account. Inform each other of major situations, public opinions, etc., and jointly study countermeasures, focusing not only on the end and treating the disease, but also on the front and treating the disease before it, so as to promote the source of complaint and comprehensive treatment.
Demonstrate the effectiveness of supervision. Through special supervision, experience and practice are summarized in combination with actual cases to promote work innovation. The case demonstration strives to cover many types of famous cities, towns, villages, blocks, etc., provide practical samples for all regions, and timely translate the innovative achievements with guiding significance into policy documents or long-term mechanisms.
Strengthen publicity and guidance. Actively carry out publicity activities for law popularization, widely publicize the effectiveness of special supervision activities by means of case interpretation, court trial observation, rule of law propaganda, etc., improve the awareness of participation of all social parties, and promote the formation of a good atmosphere of concern and support from the whole society.
