Since last year, the procuratorial organs in Huangshan, Tongling, Chizhou and other places have been active in performing their duties according to law. Through high-quality and efficient handling of civil public interest litigation cases of illegal occupation of agricultural land and duty crime cases of the main heads of grass-roots grain depots, they have kept the red line of cultivated land protection and punished long-term "food dependent" criminals, thus making positive contributions to building the national food security dike.
　　 Initiate public interest litigation to promote land reclamation
An ecological agricultural technology limited company is an enterprise engaged in aquaculture in Huangshan District, Huangshan City. Since December 2017, in order to promote the company's breeding project in Jiaocun Town, Huangshan District, Ouyang has inspired and arranged Chen, Shao, Zhu and others to dig ponds on the leased agricultural land (including paddy fields, forested land and dry land) in the name of the company in order to promote the company's breeding project in Jiaocun Town, Huangshan District. In the meantime, the staff of the Land and Resources Office of Jiaocun Town, Huangshan District stopped their pond digging by verbally ordering them to stop work and interviewing them. In order to complete the plan of releasing fish fry on schedule in the current year, Chen and others continued construction.
On March 15, 2022, the Huangshan District Procuratorate, according to the clues, filed and investigated the case of illegal occupation of agricultural land by the Eco agricultural Technology Co., Ltd. and Ouyang. During the investigation, the case handling personnel obtained relevant evidence materials according to law, went to the scene twice to check, take photos, ask witnesses and make notes.
The investigation of the procuratorial organ confirmed that an ecological agricultural technology limited company and Ouyang illegally occupied the contracted basic farmland of more than 50 farmers in Xiangkou Group, Longyuan Village, Jiaocun Town, and dug fields into ponds to breed fish fry, changing the use of agricultural land, resulting in the destruction of all the original cultivation layers of the occupied farmland and the serious destruction of the original planting conditions. According to the appraisal, the area of agricultural land occupied is more than 135 mu, including more than 130 mu of cultivated land and more than 5 mu of forest land.
After performing the announcement procedure, the Huangshan District Procuratorate filed a civil public interest lawsuit with the Huangshan District Court on July 15, requesting that an ecological agricultural technology limited company and Ouyang should stop the infringement, eliminate the illegal state, and order the two defendants to restore the illegally occupied agricultural land to its original state.
On September 27 of the same year, the Huangshan District Court held a public hearing to hear the case. During the hearing, the court mediated and reached the following agreement: Ouyang and an ecological agricultural technology limited company repaired, improved and restored the two ridges that were not completely restored, and the ecological agricultural technology limited company shall not change the nature and use of the original land during the remaining lease period. Since then, Ouyang and an ecological agricultural science and technology limited company have firmly performed the contract and reclaimed all the illegally occupied agricultural land in place, thus effectively protecting the cultivated land resources.
　　 Prosecutors' performance of duties severely punish grain related duty crimes
Hexi National Grain Reserve Warehouse of Dongzhi County, Chizhou City (hereinafter referred to as "Hexi Reserve Warehouse") is an enterprise owned by the whole people, which was founded in 1978 and mainly undertakes the task of grain storage and sales. In February 2022, Zhao, the former director of Hexi Reserve, who has retired for 7 years, was investigated and dealt with by Dongzhi County Supervision Committee due to suspected corruption and abuse of power by state-owned enterprise personnel.
During the investigation, the procuratorate of Dongzhi County focused on the corruption behind the food chaos, strengthened supervision and inspection cooperation, actively sent personnel to intervene in advance, comprehensively reviewed the facts and evidence of the case, and guided the investigation and evidence collection, so that the case with a long time span, extremely concealed means, and a long history of involvement could be finally found out. On June 27, Dongzhi County Procuratorate initiated a public prosecution on the case.
According to the charge of Dongzhi County Procuratorate, from 2010 to 2015, Zhao took advantage of his position to illegally occupy more than 560000 yuan of public property by means of false expenditure, concealing and withholding the surplus income from the reserve. In addition, in 2011, when Zhao served as the director of Hexi Reserve Warehouse, he abused his power to accept the property of grain sellers, purchase the rice that does not meet the quality standards of provincial grain reserves set by the state, and pass the acceptance of relevant competent departments by means of fraud, As a result, the Hexi Reserve lost a total of more than 2.08 million yuan in the process of processing this batch of grain, resulting in a particularly heavy loss of national interests. They shall be investigated for criminal responsibility for the crime of corruption and the crime of abuse of power by personnel of state-owned enterprises.
On August 10, Dongzhi County Court held a public hearing on the case. The defendant, Zhao Mou, did not disagree with the facts of the crime charged by the procuratorial organ, voluntarily pleaded guilty and admitted punishment, and repented in court. On August 31, Dongzhi County Court made a judgment of first instance in accordance with the law, adopted all the charges and sentencing suggestions of the procuratorial organ, and imposed a combined punishment for several crimes of corruption and abuse of power by state-owned enterprise personnel. It was sentenced to five years and two months of fixed-term imprisonment and a fine of 150000 yuan.
　 Production and distribution inspectors suggest eliminating similar hidden dangers in grain depots
This is a case of corruption and bribery in a grass-roots grain depot in Zongyang County, Tongling City. The Supervision Committee of Zongyang County preliminarily found out that during the period from 2011 to 2016, when Fang was the head of a grain depot in Zongyang County, he took advantage of his position to defraud more than 360000 yuan of rotation subsidies by falsely increasing rotation wages when settling the rotation expenses with a grain collection and storage company, which was suspected of corruption. In addition, Fang also took advantage of his position to give "care" to many grain merchants in terms of grain quality inspection, loading and unloading, and accepted bribes of 360000 yuan from grain merchants, suspected of bribery.
During the investigation by the supervisory authority, Zongyang County Procuratorate actively sent personnel to intervene in advance according to the supervision and inspection linkage mechanism. In view of the fact that the supervisory authority has different opinions on the identification of Fang's identity nature, the prosecutor carefully reviewed the case file materials, fully listened to the opinions of all parties, combined with the spirit of judicial interpretation and authoritative cases, clearly proposed that Fang's identity should be the reference opinion of "public servants in state-owned companies", which was recognized by the supervisory authority.
In April 2022, the supervisory authority transferred the case to Zongyang County Procuratorate for review and prosecution. After examination, the prosecutor handling the case found that Fang also confessed other bribery facts. Due to the impact of the epidemic situation, the supervisory organ failed to make further verification. In this regard, the case handling prosecutor actively communicated and discussed with the supervisory authority, and suggested it to supplement and obtain relevant evidence. Later, the procuratorial organ directly added charges when initiating public prosecution, thus ensuring a comprehensive and objective accusation of criminal facts.
At the beginning of the case, Fang's identity was indeed the main focus of the defendant's defense debate. In this regard, the case handling prosecutor pointed out that Fang has been employed by a state-owned company as the head of the grain depot for more than seven years. In fact, he has formed a relatively fixed labor relationship with his unit, and the grain rotation work of the grain depot involved in the case has long been the sole responsibility of Fang, This fully shows that Fang is not engaged in labor activities and technical services without authority, but is responsible for supervising and managing the national food rotation, and should belong to the public servants in state-owned companies. This public prosecution opinion was finally not only recognized by the defender, but also convinced the defendant.
On August 25, 2022, the Zongyang County Court made a first instance judgment on the case, all of which accepted the accusations of the procuratorial organ, and imposed a combined punishment of corruption and bribery. Fang was sentenced to three years and six months of fixed-term imprisonment and a fine of 300000 yuan.
After the case was settled, the Zongyang County Procuratorate issued procuratorial suggestions to the local state-owned grain enterprises according to law, demanding that the relevant problems be comprehensively investigated for similar cases, in view of the problems exposed in the case, such as the financial and business systems of a grain collection and storage company were not perfect, and there were loopholes in the management and supervision of the competent authority. Relevant responsible units carefully adopted the procuratorial suggestions, comprehensively sorted out and investigated the problems existing in the grain rotation system, studied and formulated a feasible rectification plan, and took a series of measures, such as publicly recruiting legal representatives, canceling the escrow mode, canceling the reimbursement staff at sub warehouses and changing to the company for unified payment, which effectively blocked the loopholes and eliminated potential risks.