May 17, 2024, Procuratorial Daily, 3rd edition
Enable with high level of protection
High quality development of the Yangtze River Economic Belt
According to the editor, on May 16, the Supreme People's Procuratorate and the Ministry of Ecological Environment jointly held a seminar on procuratorial services to ensure high-quality development of the Yangtze River Economic Belt in Yichang, Hubei. During the meeting, the procuratorates of Jiangsu, Anhui, Jiangxi, Hunan, Guizhou, and Hubei provinces exchanged experience in serving the ecological protection and restoration of the Yangtze River basin by handling cases with high quality and efficiency. The speech is summarized as follows for reference.
Give play to the advantages of integrated performance
Promote the systematic treatment of ship pollution
Anhui Provincial People's Procuratorate
Chen Wu, Secretary of the Party Leadership Group and Procurator General
In recent years, the procuratorial organ of Anhui Province has thoroughly implemented Xi Jinping's ecological civilization thought and the guiding spirit of General Secretary Xi Jinping's important speech on his inspection of Anhui, focused on the protection of the Yangtze River, gave full play to the procuratorial function of public interest litigation, and provided strong legal protection for the protection of the green Jianghuai beautiful home.
In February 2023, in order to further consolidate the effectiveness of the public interest litigation project on ship pollution control in the Yangtze River and promote the systematic treatment of ship pollution in the province, the provincial procuratorate filed a case on the Huaihe River ship pollution. In the process of handling special cases, 94 clues about ship pollution were found and discharged, 82 cases were filed, 70 procuratorial suggestions were made and issued, and one administrative public interest lawsuit was filed. Through special case handling, the administrative authorities were promoted to establish 17 ship pollutant disposal mechanisms, establish and improve 78 information monitoring systems, punish 42 illegal pollutant discharge ships, dispose of 85 "three no" ships, clean up 7 illegal floating crane ships, and rectify 37 illegal docks. The problem of ship pollution in our province was systematically solved. This case was selected as a typical case of the highest level of inspection, "handling every public interest litigation case with high quality and efficiency, and protecting the people's good life at a higher level".
First, we should promote problem governance with the guidance of "high standing, systematic focus and development promotion".
First, adhere to the systematic concept. The provincial procuratorate will promote the pollution control of the Huaihe River as an important measure to help protect the big river system. In handling cases, it will adhere to the whole process and chain supervision of "ship port city", "receiving receiving transferring handling", and will run through the systematic concept.
Second, we should adhere to the principle of promoting at a high level. The provincial procuratorate made a special research deployment and designated a full-time member of the procuratorial committee as the undertaker. The procuratorial organs at the two levels of 8 cities along the Huaihe River set up ad hoc teams to coordinate and promote ad hoc handling.
Third, we should attach equal importance to solving difficult problems and promoting development. Closely combine the ecological environment management of the river basin with the promotion of high-quality economic and social development, simultaneously supervise the waterway safety of the Jianghuai Canal and the Wushen Canal, promote the elimination of 17 safety hazards in relevant shipping sections, and guard the golden waterway of the Yangtze River Delta.
Second, take "integration, science and technology, and collaboration" as the starting point to solve the problem of handling cases.
First, push forward in an integrated way to remove resistance. Build a "1+N" case handling mode sponsored by the provincial procuratorate and handled simultaneously by relevant municipal and county offices. For example, in view of the water pollution caused by abandoned ships and the damage to the ancient city of Shouxian County, the provincial procuratorate has been following the case closely, organized on-site case handling for many times, and promoted relevant departments to invest 9.2 million yuan in shoreline remediation to thoroughly solve the problem of abandoned ships pollution.
Second, technology enables three-dimensional evidence collection. Relying on the "Smart Public Interest Litigation Platform", we conduct unified management, remote command and immediate evaluation of clues. At the same time, a technical support group was set up to carry out evidence collection activities using satellite remote sensing, unmanned aerial vehicles, data detection and comparison and other technologies to improve the quality and efficiency of handling cases.
The third is to gather intelligence and strength to tackle key problems. Actively visit provincial transportation, water conservancy, maritime and other departments to carry out case consultation, research and judgment. With the help of "external brain", we actively invited deputies to the National People's Congress, CPPCC members, specially invited assistant prosecutors in professional fields, and volunteers of "benefiting the public" to participate in case handling activities.
Third, improve the quality and efficiency of case handling with the goal of "accuracy, standardization and litigation".
First, enhance the accuracy of case handling. Take the department that "can best promote problem solving" as the main supervision object, carefully study and judge the blind areas of supervision, and strengthen traceability governance. For example, directed Bengbu Municipal People's Court to promote the municipal government to set up a joint identification group to identify and ban 23 "three no" ships according to law.
The second is to strengthen the standardization of case handling. Strictly manage the case process, and the provincial procuratorate will assign special personnel to review all links of case handling and correct errors in a timely manner. At the same time, we insisted on promoting fairness through openness, holding 36 hearings and 3 demonstration meetings.
Third, enhance the effectiveness of handling cases. The provincial procuratorate directly "looks back" on key cases and cases with long-term inadequate rectification, and urges the implementation of rectification. For example, in view of the failure of the local maritime department of Huoqiu County to fully perform its regulatory responsibilities for illegal pollutant discharge enterprises, the Huoqiu County People's Court was instructed to file administrative public interest litigation in accordance with the law to promote the solution of the problem with the confirmation of "litigation".
At the seminar, Chen Wu answered the questions of Wu Ruiqing, member of the CPPCC Anhui Provincial Committee, deputy chairman of the Hefei Municipal Committee of the Zhigong Party, deputy director of the Agricultural and Rural Work Committee of the Anhui Provincial Committee of the Zhigong Party, and a volunteer who "benefits for the public".
▲ Wu Ruiqing, a volunteer who "benefits the heart for the public", asks questions
Wu Ruiqing: You have just introduced that the administrative organ has also done a lot of work in the Huaihe Project. How does the procuratorial organ of Anhui handle the supervision and cooperation relationship with the administrative organ in handling cases?
Chen Wu: In public interest litigation cases, Anhui procuratorial organs always adhere to the concept of win-win and win-win, rely on the mechanism of "government procuratorial linkage", and work with administrative organs to promote the solution of the problem of "two benefits protection" (national interests, social and public interests). In the Huaihe River ship pollution control project, it is mainly reflected in the following aspects:
First, strengthen communication in advance. The problem of ship pollution in the Huaihe River is the clue of the case discovered by the Anhui Provincial People's Court in handling the Yangtze River ship pollution control project. After finding the clues, the Provincial People's Procuratorate attached great importance, visited the transportation, water conservancy and other departments at the first time, and organized a comprehensive investigation with the Provincial Department of Transportation to accurately grasp the specific problems. Before filing the case, we had many discussions with relevant administrative authorities to jointly study and determine the direction and mode of handling the case.
Second, strengthen coordination in the process. In the process of handling special cases, we should consult with the administrative organs and carefully listen to the opinions of the administrative organs on specific problems found. The procuratorial organ, while making and issuing procuratorial suggestions to the administrative organ, conducts in-depth research and judgment on relevant issues, and forms a research report to provide reference for the administrative organ to rectify. In view of the lack of implementation of the procuratorial recommendations, the procuratorial organ filed an administrative public interest lawsuit according to law, and promoted the solution of the problem with the confirmation of the lawsuit. For the administrative organs that have completed the promotion of problem solving in litigation, it is suggested that the courts should innovate the mode and terminate the litigation to achieve a win-win effect.
Third, focus on extension afterwards. Pay attention to the "second half of the article". After the completion of the case, the procuratorial organ, from the perspective of ensuring that the "two benefits" damage does not rebound and helping the administrative organ to improve the efficiency of administrative law enforcement, extends its work scope, actively promotes the establishment of a long-term governance mechanism, and truly achieves traceability governance. For example, the 17 ship pollutant disposal mechanisms that we have promoted in the project have largely eliminated the problem of random and illegal discharge of pollutants. The ship owners welcome it, the docks benefit from it, the law enforcement is easy, and good results have really achieved the resonance of procuratorial supervision and administrative law enforcement.
