press conference
[Press Conference] Publicity of Public Interest Litigation Initiated by Xuancheng Procuratorate
Time: August 7, 2020 Author: News source: [Font size: large | in | Small
  

Distinguished guests, friends from the press:

   Good morning, everyone!

   Next, let me report to you the basic situation and main achievements of Xuancheng procuratorial organ in playing the role of public interest litigation to protect the people's good life.

   There is no trivial matter in people's livelihood. The procuratorial organs of the whole city firmly implement Xi Jinping's ecological civilization thought and the "four strictest" requirements on food and drug safety, implement the people centered development concept, take the public welfare issues related to the practical interests of the people and highlighted by the people as the focus of public welfare litigation procuratorial work, and take the people's expectations for a better life as the goal, We will continue to strengthen public interest litigation in the fields of ecological environment and food safety, fully perform the functions of public interest litigation, and work together to portray a new picture of Xuancheng's reform and development in the new era by contributing procuratorial power and demonstrating procuratorial responsibility and responsibility for building a prosperous, beautiful and happy Xuancheng. two thousand and nineteen Year to two thousand and twenty June, A total of 378 public interest litigation cases were sorted out, 280 cases were filed, 165 pre litigation procuratorial suggestions were issued, and 192 letters or feedbacks were received from administrative organs within the statutory response period. A total of 37 public interest lawsuits were filed, The People's Court upheld 38 judgments. The case handling work and results mainly present the following characteristics: First, the case handling efforts continued to increase. Continuously focus on prominent issues in the field of ecological environment and resource protection and food and drug safety, and promote the steady progress and improvement of case handling. Now, the number of cases filed by the procuratorial organs in the city in the first six months of the year has increased by 42% year on year % Second, public welfare protection has achieved remarkable results. The procuratorial organs of the city performed their duties according to law, strengthened public welfare protection in the field of people's livelihood, and a large number of ecological environment and resource protection issues, food safety issues, and public security issues were rectified. Third The vitality of the procuratorial public interest litigation system is constantly highlighted The procuratorial organs of the whole city firmly establish the concept of win-win, multi win and win-win case handling, and adopt the methods of public announcement, pre litigation consultation, joint discussion and research, support and assistance to urge, support and assist the administrative organs to actively perform their duties and rectify, two thousand and nineteen The city has 91 % The case can be solved through the pre litigation procedure stage, which fully reflects the value and function of the pre litigation procedure, and is recognized and supported by all sectors of society, including the administrative organs.

   1、 Focus on breakthroughs in key areas of people's livelihood

   (1) Focus on the protection of ecological environment and resources, and protect the beautiful living environment

   The procuratorial organ of Xuancheng City handled 243 cases in the field of ecological environment and resource protection, urged the restoration of 920 mu of damaged forest land and cultivated land, and urged the removal and disposal of more than 200 tons of illegal domestic garbage and solid waste. Polluting enterprises and individuals paid 4.3 million yuan for ecological environment restoration, effectively safeguarding the national interests and social and public interests.

   one Help to win the battle against blue sky, clear water and pure land. In order to effectively protect the air quality, 18 cases were handled against the behavior of raising dust on construction sites and excessive emissions of waste gas from production enterprises. We carried out special activities to protect water resources in a down-to-earth manner, urged and remedied the illegal discharge of urban industrial, building and medical sewage, rural domestic sewage, poultry and livestock breeding pollutants and other illegal discharge problems, in which Jingde County Institute sued a power station for water pollution Public interest litigation cases were selected as typical civil public interest litigation cases in the Guiding Case Practice Guide of Public Interest Litigation issued by the Supreme People's Procuratorate Actively urge and rectify illegal occupation and destruction of agricultural land, Solid waste pollutes land etc. Violation of laws, protection of soil resources and effective land restoration, handling 53 cases, such as Ningguo Municipal People's Court against Hu Gang and others Illegal storage and landfill 375 iron drums for chemical waste, 73.09 tons of hazardous waste For the illegal acts that seriously pollute the soil environment, criminal incidental civil public interest litigation shall be filed.

   2. Protect wild animals and their habitats and maintain biodiversity. Focus on protected areas, Through the establishment of "crocodile protection procuratorial office", Protect wildlife according to law, The illegal hunting of wild animals was severely punished, and 36 public interest litigation cases were handled. At the same time, actively extend the scope of wildlife protection Bring a civil public interest lawsuit in accordance with the law for the act of digging out birds' eggs and electric fish to hinder the reproduction of wild animals Pay attention to the protection of wildlife habitat, Five public interest lawsuits were filed against the criminal act of destroying the habitat of Chinese alligators and deforestation, In the National Aquatic Germplasm Resources Protection Zone Internal illegal sand mining operator 16 public interest lawsuits were filed.

   (2) Focus on food and drug safety and guard "safety on the tip of the tongue"

   Xuancheng Procuratorate We thoroughly implemented the "four strictest" requirements of General Secretary Xi Jinping on food and drug safety, and handled 23 cases in the food and drug field in combination with the deepening of the special activity of "ensuring the safety of thousands of households".

   one Pay close attention to safety production in the food field. Mainly around Whether there is any illegal act in farmers' markets, supermarkets, school canteens and surrounding areas, online catering, drinking water source protection areas and other key places, and whether the regulatory authorities perform their duties etc. problem Carry out special supervision. Actively dock with the Market Supervision Bureau, the Food and Drug Administration and other administrative organs, carry out joint inspection activities for agricultural markets, school canteens, etc. within the jurisdiction for many times, and timely issue inspection suggestions to the administrative organs for problems found in the inspection process.

   2. Strengthen the standardized management in the drug field. standard Drug advertising. Xuanzhou District People's Court issued public interest litigation inspection suggestions to the Culture and Tourism Administration and the Market Supervision Bureau respectively to urge the rectification of a company's illegal drug advertising in an illegal channel set up by a television station.

   (3) Focus on epidemic prevention and control, and protect the public health environment

   1. Focus on the destruction of wildlife resources and help prevent and control the source. We will conscientiously implement the Decision of the Standing Committee of the National People's Congress on the Comprehensive Prohibition of Illegal Wildlife Trade, the Abolition of the Abuse of Wildlife, and the Practical Safeguard of People's Life, Health and Safety, and increase judicial protection of wildlife resources. Since the outbreak of the epidemic, the city has filed 13 cases of wildlife resources protection, issued 3 pre administrative procuratorial recommendations, and filed 10 criminal and incidental civil public interest litigation.

   2. Focus on the sales of epidemic related medical products. Give full play to the procuratorial function of public interest litigation, A total of 8 cases involving illegal sales of "three no" masks were handled. with And closely contact with the administrative organ to transfer the case clues. For example, the Guangde Municipal People's Court, after receiving the tip off of the "three no" masks case, took the initiative to transfer the tip to the local market supervision bureau and continued to follow up the supervision, and disposed of 314 "three no" masks according to law.

   (4) Focus on people benefiting subsidy funds to ensure the implementation of people benefiting policies

   Supervision was carried out on such issues as defrauding, fraudulently obtaining and falsely claiming subsidies for national projects to recover state-owned assets of million yuan. Jingxian County Hospital The case of defrauding special funds for agriculture related projects, Seven administrative public interest lawsuits were filed in accordance with the law, We will ensure that all policies that benefit farmers and help the poor truly benefit farmers. During the performance of their duties, Jingde County Institute found that several construction units owed a total of 2.01 million yuan for the relocation of air defense basements, Urge the administrative organs to recover the outstanding funds according to law and protect the safety of state-owned property.

         (V) Focus on the protection of heroes and martyrs and protect the spiritual wealth of the public

   1. Inherit and carry forward the spirit of heroes and martyrs, and resolutely defend the honor of heroes and martyrs. The procuratorial organ of Xuancheng City has filed civil public interest litigation against Luo and Guo for insulting Li Xia, the hero of flood fighting, on the Internet, and Zhao for insulting Dong Cunrui, the hero, to promote the core socialist values.

   2. Defend the national spirit coordinate, and increase the exploration and expansion of administrative public interest litigation of martyr memorial facilities. Xuanzhou District People's Court, Guangde Municipal People's Court and Jingxian County People's Court issued suggestions to the competent administrative department on the lack of protection of local martyr memorial sites and actively rectified them.

   (6) Actively and steadily carry out "waiting" exploration And respond to people's new expectations for public welfare protection

   Focusing on the prominent issues strongly reflected by the local people, actively and steadily explore the handling of cases in other fields with a highly responsible attitude towards the people.

   1. Xuancheng Municipal Hospital Closely combining with the local reality, around the municipal party committee to carry out the special center work of "improving the management and service of residential quarters", carry out the special action of "ensuring public security" public interest litigation inspection, and promote the improvement of the management level of urban residential quarters. Since the launch of the activity, a total of 51 residential areas have been visited and more than 78 elevators have been checked, and 50 inspection suggestions in the field of fire protection, 7 in the field of elevator safety and 7 in the field of safety production have been issued.  

   2. Before and after the Tomb Sweeping Day, Xuancheng Municipal People's Court issued 6 procuratorial recommendations against the massive sale of RMB designed ghost coins in the sacrificial products market, which damaged the seriousness of RMB as the national legal currency. This phenomenon was effectively curbed.

   2、 Multi dimensional promotion to improve the effectiveness of social governance

   The procuratorial organs of the whole city insist on taking special supervision as the guide, coordinating the performance of duties to promote win-win results, taking restoration and governance as the fundamental, promoting public welfare restoration, and improving the long-term social governance capacity.

   (1) Adhere to the guidance of special supervision. The procuratorial organs of the city continued to deepen the implementation of special actions such as "special supervision of river and lake ecological resources and environmental protection", "special procuratorial supervision of service and guarantee of the construction of the international cultural tourism demonstration area in southern Anhui" around the field of ecological environment and resource protection, and explored to create the characteristic highlights of the local ecological environment protection public interest litigation work. Earnestly implement the strategic deployment of the CPC Central Committee to fight three major battles, and carry out special procuratorial supervision around the clues of environmental protection supervision feedback cases. Conscientiously implement Food and drug safety "four strictest", We will deepen special activities to ensure people's "safety on the tip of their tongues". Focusing on public security issues, we will deploy and carry out "ensuring public security" in the whole city Special procuratorial activities.

   (2) Adhere to the win-win principle of collaborative performance. The procuratorial organs of the city strengthened communication and cooperation with administrative organs and social organizations, actively created a community of public interest litigation supervision and coordination litigation, and coordinated the promotion of public interest protection and social governance. We actively initiated civil public interest litigation to effectively solve the problem of "enterprise pollution, people suffering, and the government paying". Give full play to the function of the pre litigation procedure of administrative public interest litigation, explore and carry out work models such as "river chief+procurator general", We will urge, support and assist the administrative organs to actively perform their duties and rectify by means of pre litigation consultation, joint discussion, research, support and assistance. As far as we know For ecological governance, we will work with relevant administrative law enforcement departments to strengthen supervision, help plug management loopholes, and provide reference for the Party Committee and the government to strengthen and improve comprehensive social governance. For example, for the local blueberry planting enterprises found in the case handling, there is a legal risk of protecting animals by mistake to prevent birds from pecking the fruit by hanging the net, timely issued procuratorial suggestions to the municipal forestry department and agricultural and rural departments, timely produced micro videos and made directional push through the municipal federation of industry and commerce, achieving good social effects.

   (3) Adhere to the fundamental principle of repair and governance. We will introduce the concept of restorative justice into the judicial practice of public welfare protection. For cases that undermine public interests, while investigating criminal responsibility, we will file criminal incidental civil or separate civil public welfare litigation according to law. We will actively promote public welfare restoration mechanisms such as "replanting and greening", "proliferation and exile", and "apology", and increase accountability and punishment to restore damaged public interests. The procuratorial mode of "criminal punishment+ecological compensation" explored by Jingde Procuratorate won the brand of provincial grass-roots hospital construction in 2019.

   III Gather joint efforts to build a pattern of multi-party coordinated supervision

   (1) Actively strive for the Party Committee , National People's Congress The support of the government and the CPPCC to the work of public interest litigation. The procuratorates throughout the city Actively report to the Party Committee and the People's Congress the key cases and major issues of public interest litigation. In the past year, the procuratorial organs of the whole city Special reports on public interest litigation were made to the local people's congress for 8 times, and the people's congress, the CPPCC and others conducted research and discussion on public interest litigation for 9 times. Three counties and cities The Standing Committee of the National People's Congress has issued special decisions on strengthening the procuratorial work of public interest litigation, Representatives of the National People's Congress and members of the Chinese People's Political Consultative Conference (CPPCC) were invited to watch the cases in court for five times. Xuancheng CPPCC carried out special research on "promoting public interest litigation in coordination" to promote the healthy development of public interest litigation.

   (2) Strengthen the coordination, communication and contact with administrative organs to form joint forces. Strengthen external collaboration. First, hold joint meetings. The joint meeting of "River Chief+Procurator General", the joint meeting of special activities of "Illegal Villa Construction", and the joint meeting of case cooperation in the field of food and medicine were held to jointly protect the public interest. The second is to participate in joint law enforcement supervision and inspection to improve the effectiveness of law enforcement. In 2019, the procuratorial organ and the administrative organ of the city carried out 15 joint inspections. For example, Xuanzhou District and Ningguo District respectively cooperated with the local market supervision bureau to carry out tip of tongue safety law enforcement supervision, and put forward rectification suggestions for the problems found in the inspection. The third is to strengthen communication with administrative organs, focus on establishing a joint research mechanism with relevant administrative organs, timely invite administrative departments to participate in case argumentation, issue opinions from damage repair and compensation departments, and cooperate with ecological restoration. For the implementation of "restoration" and other judgments in the public interest litigation judgment and the use of ecological damage compensation, the administrative department shall be actively invited to participate in the implementation, supervision and acceptance of the restoration plan to ensure that the ecological restoration is in place.

   (3) Actively strive for support and recognition from all walks of life. Adhere to active voice, and increase publicity of public interest litigation through centralized publicity of press conferences, thematic planning of important time nodes, interpretation and reasoning of typical cases, etc. Since 2019, the city's procuratorial organs We have organized more than 200 TV, radio, Internet, newspapers and new media publicity reports, It has unblocked the reporting channels of the people and created a good public opinion atmosphere for the development of public interest litigation. A number of people provided the procuratorial organ with clues about cases of public interest infringement through WeChat messages, telephone reports, visits and other forms.

   Thank you.