Suggestions on behalf of members
A Successful Attempt of NPC Deputies' Suggestion of Case based Handling
Time: July 27, 2022 Author: News source: [Font size: large | in | Small
The case handled by the Procuratorate of Huaishang District, Bengbu City is the first administrative public interest litigation case of cross regional pollution jurisdiction in our province. The reason why it was rated as a typical case of public interest litigation "looking back" follow-up supervision by the highest procuratorate, I think there are mainly three aspects:  

 

   First, the problem of trans regional water pollution control has been well solved. The causes of water pollution are generally complex, and due to the existence of environmental pollution behavior and damage results across administrative divisions, it has not been effectively solved for a long time, so that it has attracted the attention of NPC deputies. In order to solve this problem, on the one hand, Bengbu Municipal Procuratorate designates Huaishang District Procuratorate, which is located at the downstream of the river and where the damage results, to supervise and urge the administrative organs located at the upstream of the river and the main source of pollution to perform their duties and rectify according to law, which is realistic and operable. On the other hand, the local procuratorial organ did not fight alone in handling cases, but communicated and cooperated with many parties. Relying on the cooperation mechanism of "River Chief+Procurator General", it carried out investigation, evidence collection, follow-up supervision and other work by using unmanned aerial vehicles, public interest litigation joint laboratory and other technical means, which improved the efficiency and quality of case handling and promoted the accuracy of supervision.    

   "Looking back", we found that the problems involved in the case had not been comprehensively rectified, that is, we filed administrative public interest litigation according to law. After the rectification is qualified and the purpose of public interest litigation is achieved, it is suggested that the court terminate the litigation and be adopted by the court, so as to better solve the problem of "upstream and downstream are not synchronized, and left and right banks are not in the same line", thus maximizing the supervision effect of public interest litigation.    

   Second, the organic connection between legal supervision and NPC supervision has been well realized. Ecological priority and green development are now the consensus of the whole society, and the people have new and higher demands for ecological environment security. The local deputies to the National People's Congress actively performed their duties and repeatedly reflected the voice of the masses, reflecting a strong sense of responsibility and supervision. The Standing Committee of Huaishang District People's Congress handed over the representatives' suggestions to the procuratorial organs for handling, which is both trust and supervision to the procuratorial organs. The procuratorial organ is determined to fulfill its mission. By making and issuing procuratorial suggestions, filing public interest litigation, and handling representative suggestions as cases, the procuratorial organ solves public interest environmental protection problems and people's worries, troubles, and anxieties by means of the rule of law, which has effectively assisted the implementation of the rural revitalization strategy. At the same time, the "seamless connection" between the NPC deputies' suggestions and the procuratorial suggestions, and the organic connection between the NPC supervision and the procuratorial organ's legal supervision will undoubtedly have a broader prospect and show greater achievements in safeguarding the national and social public interests.    

   Third, it is of exemplary significance for handling similar cases. The handling process of the case fully demonstrates the integration advantages of the procuratorial organ. The provincial procuratorate has always supervised and followed up in guiding the representatives to suggest case-based handling, jurisdiction coordination, case summary and refinement, etc. Bengbu Municipal Procuratorate provided full guidance in investigation and evidence collection, law application and other aspects, and effectively solved the difficulties in handling and prosecuting administrative public interest litigation cases under different jurisdiction. Huaishang District Procuratorate is at the front line of case handling. In order to achieve the ultimate spirit, it strengthened coordination with relevant parties, continued tracking, and measured the case to the end with a supervision ruler, which ensured the quality of case handling and achieved the expected supervision effect. This case has played a very good exemplary and leading role for the handling of similar cases by the provincial procuratorial organs, and has been well received by the local Party committee, the People's Congress and the people, which is not unexpected. Zhao Jie, Director of the Seventh Procuratorial Department of the Provincial Procuratorate)