Wan Jian Han Ban Zi ﹝ two thousand and eighteen ﹞ nine number

The First Session of the 12th CPPCC Anhui Provincial Committee

Section 0071 Reply to Proposal No

Provincial Environmental Protection Department:

Our unit has made the following reply to the proposal of Cheng Qiuyue, member of the CPPCC Provincial Committee, on the remediation of environmental pollution in the urban and rural fringe:

First, we continued to intensify the fight against environmental pollution crimes. Ecological environment protection is related to the future of the nation, the well-being of the people and the vital interests of the people. It is a cause that contributes to the present and benefits the future. The procuratorial organ has always attached importance to playing its role in combating crime, constantly innovating and improving its working mechanism, continuously increasing its efforts in combating crimes against the ecological environment, resolutely punishing the multiple criminal crimes against environmental resources, striving to build a scientific and rigorous judicial protection system for the ecological environment, and constantly improving its ability to protect the ecological environment by using the rule of law thinking and the rule of law way. two thousand and seventeen In, the provincial procuratorial organs approved the arrest of crimes against environmental resources one hundred and four piece one hundred and seventy-three The number of people increased year on year 60.19% ； Institute a public prosecution six hundred and seven piece nine hundred and two The number of people increased year on year 21.4% ； The court has pronounced a guilty verdict five hundred and eighty-nine piece eight hundred and seventy-five The number of people increased year on year 15.34% 。

Second, we will continue to deepen the special case filing and supervision activities. In order to respond to the people's new requirements and expectations for improving the ecological environment and protecting natural resources, and effectively guarantee and improve people's livelihood two thousand and fourteen Since, the Supreme People's Procuratorate has deployed for four consecutive years to carry out special case filing and supervision activities for crimes against environment and resources. The procuratorial organs of the whole province conscientiously implemented the deployment requirements of the Supreme People's Procuratorate and handled a number of major typical cases by means of listing supervision, on-site guidance, joint supervision, etc., finding supervision clues through multiple channels and in an all-round way. For example, the Bengbu procuratorial organ has continuously supervised two major environmental pollution cases involving the illegal transportation of electroplating sludge and toxic solid waste from Shandong, Jiangsu and Zhejiang to Huaiyuan and Wuhe in response to the widespread concern of the society about the trans provincial dumping of hazardous waste, and has achieved good results. two thousand and seventeen In, the provincial procuratorial organs recommended that the administrative law enforcement agencies transfer the suspected crimes of destroying environmental resources two hundred and twenty-eight piece three hundred and three Person, supervising the public security organ to file a case ninety-five piece one hundred and twenty The number of people increased year on year 80.36% 、 22.45% 。 Although the special case filing and supervision activities have achieved remarkable results, the situation of environmental and resource protection is still serious, and there is still a gap with the requirements of the people. In order to better serve and ensure the five major modernizations and the development of a beautiful Anhui, the provincial procuratorial organs will continue to deepen the special case filing and supervision activities, so as to achieve the normalization of special supervision, Meet the people's expectations of green water, green mountains, blue sky and white clouds.

Third, actively carry out "small projects". two thousand and seventeen At the end of the year, our province found many cases of illegal transfer and dumping of solid waste from other provinces to the Yangtze River basin in our province, which seriously polluted the local ecological environment and caused adverse social impact. To this end, the provincial procuratorate decided to cooperate with the provincial public security department and the provincial environmental protection department two thousand and eighteen year one Month to twelve In June, the special action against illegal transfer, disposal and dumping of solid waste was jointly carried out throughout the province. Local procuratorial organs are required to actively cooperate with environmental protection, public security and other departments to carry out joint investigation on key areas of environmental pollution, especially urban and rural fringe areas. At the same time, we sorted out the administrative law enforcement cases involving solid waste in the past two years, comprehensively explored the clues of case filing and supervision, severely cracked down on illegal crimes involving solid waste pollution in accordance with the law, cut off the chain of interests of trans provincial illegal transfer and dumping of solid waste, resolutely curbed the frequent occurrence of such crimes, and fully protected the land of the Yangtze and Huaihe Rivers.

Fourth, conscientiously carry out public interest litigation. According to the revised Civil Procedure Law and Administrative Procedure Law, the People's Procuratorate may bring a lawsuit to the People's Court if it finds that in the course of performing its duties, the People's Procuratorate has damaged the ecological environment and the legitimate rights and interests of many consumers, and other acts that damage social and public interests. In order to further integrate litigation resources and improve litigation efficiency, the latest judicial interpretation stipulates that when the People's Procuratorate files a criminal public prosecution, it can also file an incidental civil public interest litigation. Environmental polluters should not only bear criminal liability, but also bear civil liability for compensation. two thousand and seventeen In, the province filed environmental public interest litigation fifty-five Pieces, year-on-year growth 90% 。 Among them, environmental administrative public interest litigation cases twenty-seven Cases, civil public interest litigation cases eleven Cases of criminal incidental civil public interest litigation seventeen Pieces. Co claim compensation for environmental damage from polluting enterprises and individuals six hundred and fifty-six point five Ten thousand yuan. In the next step, the procuratorial organs of the province will firmly grasp the core of "public welfare" and strengthen the procuratorial protection of environmental public welfare. If the relevant administrative organs still fail to perform their duties according to law or there is no social organization to prosecute after the pre litigation procedure, the procuratorial organs will timely sue to the people's court to promote the infringement of national interests through litigation procedures Environmental problems of social and public interests have been solved and repaired in a timely manner. At the same time, actively extend the function of public welfare protection, and work closely around the ecological environment problems in the rural-urban fringe that are strongly reflected by the people. Conscientiously implement the requirements of General Secretary Xi Jinping to "protect mountains and rivers well", actively participate in the ecological environment protection linkage system, play a good environmental protection combination, serve the rural revitalization strategy, and make green water and green mountains forever beautiful and eternal.

Fifth, strengthen cooperation and establish a multi sectoral linkage mechanism. In view of the difficulties in finding, identifying and investigating environmental pollution, the procuratorial organ will strengthen the communication and coordination with environmental protection, public security, courts and other departments, and jointly strengthen the research and discussion of evidence collection, inspection and identification, crime and non crime boundaries and other related issues through joint meetings, on-site visits and other ways to reduce differences in understanding and unify the law enforcement scale, Form the joint force of law enforcement and justice. everything Take the initiative to participate in special supervision and law enforcement activities such as environmental protection supervision carried out by the environmental protection department, actively strive to share information resources such as enterprise's notification of excessive emissions, environmental law enforcement supervision report, food and drug law enforcement inspection report, and relevant complaint and reporting materials of the people, and jointly study the discovery ways and investigation mechanisms of relevant illegal and criminal acts. Second Timely intervene in the investigation of major difficult cases, and guide the investigation organs to comprehensively collect and fix evidence. Third In conjunction with environmental protection, public security, courts and other departments, we will thoroughly study the problems in environmental pollution inspection and identification, actively learn from the mature experience and practices of Jiangsu and Zhejiang regions, strengthen coordination and cooperation, and establish a long-term mechanism. Fourth Accurate application of law. Comprehensively grasp the original intention of the judicial interpretation of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution, make basic judicial judgments on "other harmful substances" in line with the law in accordance with common sense, do not mechanically enforce the law, rigid justice, and avoid ineffective attack due to inadequate understanding of the law.

Sixth, strengthen publicity to form the joint force of the whole people in combating environmental pollution crimes. Actively strengthen contact and communication with the news media, publicize the effectiveness of combating crimes against environmental resources through press conferences, "two micro end" new media and other means, and improve the public's awareness and participation in the procuratorial organs' legal protection of environmental resources. Timely publicize the information of the cases related to crimes against environment and resources, release the important deployment, stage results, typical cases and experience of special actions, encourage the whole people to participate in them, realize the "village to village" of environmental protection, mobilize the masses to accuse and report, fight a people's war, and make environmental polluters have no place to hide.

Handling type: B class

Contact unit: Anhui Provincial People's Procuratorate

contact number: 0551-63696410

Anhui Provincial People's Procuratorate

two thousand and eighteen year three month thirty-one day

Cc: Supervision Office of the Provincial People's Government, Office of the Proposal Committee of the CPPCC Provincial Committee