Strengthening legal supervision and maintaining fairness and justice
The Ministry of Ecological Environment of the Supreme People's Procuratorate jointly released typical cases of procuratorial supervision and ecological environment law enforcement to promote the protection and restoration of the Yangtze RiverStrengthen collaborative performanceConcerto for the Great Conservation of the Yangtze River On the morning of May 16, the seminar on procuratorial services to ensure high-quality development of the Yangtze River Economic Belt was held in Yichang City, Hubei Province.At the meeting, the Supreme People's Procuratorate and the Ministry of Ecology and Environment jointly released typical cases of procuratorial supervision and ecological environment law enforcement to promote the protection and restoration of the Yangtze River, which demonstrated the effectiveness of procuratorial organs and ecological environment departments in performing their duties in coordination to jointly protect the Yangtze River. There are 11 typical cases released this time, including 2 criminal public prosecutions, 2 criminal incidental civil public interest litigation, and 7 administrative public interest litigation.The People's Procuratorate of He County, Anhui Province, urged the rectification of the environmental pollution administrative public welfare lawsuit of Jingu Port on the Yangtze River to be selected!
Procuratorial Supervision and Law Enforcement of Ecological Environment
Collaborative promotionTypical cases of protection and restoration of the Yangtze River
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1. Shanghai Qingpu District People's Procuratorate sued Xu Mouhai and other 12 people for illegal dumping of solid waste to damage transportation facilities, and the case of criminal incidental civil public interest litigation
2. The case of a water treatment limited company, Fan Mouqin and other four people, Chen Moucai and other five people from the litigation department of the People's Procuratorate of Yixing City, Jiangsu Province
3. The People's Procuratorate of Keqiao District, Shaoxing City, Zhejiang Province urged the rectification of environmental pollution caused by solid waste
4. Administrative Public Welfare Litigation Case of Anhui Provincial People's Procuratorate and Hexian County People's Procuratorate Urged the Rectification of Environmental Pollution at Jingu Port of the Yangtze River
5. Criminal Public Prosecution of 11 Persons Including Peng Moude in Yichun City, Jiangxi Province for Environmental Pollution
6. Administrative public interest litigation case of Hubei Yidu People's Procuratorate urging the rectification of livestock and poultry breeding pollution in Baixi River
7. Hengyang Railway Transport Procuratorate Urged the Remediation of Environmental Pollution Administrative Public Welfare Litigation Case of Manganese Slag Yard in Linwu County, Hunan Province
8. Administrative public interest litigation case of Chongqing Nan'an District People's Procuratorate urging the prevention and control of ship pollution in the Yangtze River
9. Seven people including Zhang Mouyu in Chengdu City, Sichuan Province have been prosecuted for environmental pollution
10. The People's Procuratorate of Lufeng City, Yunnan Province urged the restoration of mine administrative public interest litigation in the Luoshen River Basin
11. Administrative public interest litigation case of Guizhou Provincial People's Procuratorate urging the protection of ecological environment in Chishui River Basin
The selected case of Anhui is as follows ↓↓↓
Administrative Public Welfare Litigation Case of Anhui Province and County People's Procuratorate Urged the Rectification of Environmental Pollution at Jingu Port of the Yangtze River
Keywords Administrative Public Interest Litigation Prosecutors Suggest Systematic Governance of Port Pollution Cooperative Performance [Main point] For ecological environment problems involving the regulatory responsibilities of multiple administrative organs, the procuratorial organs, starting from the most effective protection of public welfare, urge relevant administrative organs to cooperate in performing their duties according to law through procuratorial suggestions, round tables and other ways, and jointly promote the rectification of problems. Basic Case Jingu Port is located at the south bank of Shiba estuary of the Yangtze River in He County, Anhui Province, with 11 berths. It is an important transit place for mineral construction materials in the middle and lower reaches of the Yangtze River, with an annual throughput of more than 5 million tons.Since 2020, the materials in the port operation area have not been stacked in the open air with covering measures, and the sewage from the port operation, such as leaching water, has been discharged directly into the Yangtze River, and the port has occupied nearly 80 mu of Yangtze River beach without approval to build material storage yards and parking lots, which has led to the pollution of the atmosphere and water area along the Yangtze River coastline and the destruction of coastal wetlands. [Investigate and supervise the performance of duties] In 2020 and 2021, the ecological environment warning film of the Yangtze River (Anhui) Economic Belt disclosed the environmental pollution problem of Jingu Port for two consecutive years.In February 2022, the People's Procuratorate of Anhui Province handed over the case clues to the People's Procuratorate of He County (hereinafter referred to as He County Procuratorate) level by level.According to the preliminary verification, the environmental pollution problem of the port involves many aspects. The relevant administrative authorities have unclear regulatory responsibilities and failed to effectively promote governance, causing repeated problems and affecting the ecological environment in the middle and lower reaches of the Yangtze River Economic Belt.In order to promote the timely rectification of problems, on February 25, 2022, the Hexian County Procuratorate filed a case. Through on-site investigation, UAV aerial photography, and rapid inspection equipment testing, it found out the fact that the public welfare was damaged. On February 28, 2022, in accordance with the Environmental Protection Law of the People's Republic of China, the Yangtze River Protection Law of the People's Republic of China and other legal provisions, the Hexian County Procuratorate issued a procuratorial recommendation to the Hexian County Ecological Environment Branch, suggesting that it perform its environmental pollution supervision responsibilities according to law.After receiving the procuratorial suggestions, the Ecological Environment Branch of He County proposed that the ports involved in the case had environmental pollution, occupation of the Yangtze River beaches and other illegal situations, which required the coordination of water conservancy, port and shipping and other regulatory departments to promote rectification.On March 4, 2022, Hexian County Procuratorate organized a round table meeting on ecological environment, water conservancy, port and shipping, and the local government to form a consensus that the administrative law enforcement of Hexian County Ecological Environment Branch should be the main focus, and other administrative organs should cooperate with each other, and agreed on measures for enterprise rectification, such as plugging sewage outlets, dredging collection tanks, replanting and greening. After the round table meeting, the relevant administrative authorities actively cooperated to perform their duties, urged Jingu Port to clear and transport the materials in the operation area in time or take effective coverage measures, blocked all the drainage outlets of the platform, dredged and widened the diversion ditches, built two rainwater and leaching water treatment devices with the volume of 1680 m3 and 480 m3 respectively, cleared and returned the illegally occupied Yangtze River beach and replanted it.On June 30, 2022, the ecological and environmental problems involved in the case were assessed, rectified, accepted and cancelled.On July 7, 2022, the He County Procuratorate made a decision to terminate the case. In order to comprehensively improve the ecological function of the Yangtze River shoreline at the county level, and relying on the government procuratorate linkage working mechanism, the county procuratorate has promoted the relevant departments of ecological environment, transportation, water conservancy, ports and navigation to jointly carry out special inspections on ports in the Yangtze River basin (and the county section), and investigated and dealt with the problems of gas pollution, sewage direct discharge and occupation of the Yangtze River beaches in four port enterprises in accordance with the law,Order the return of more than 200 mu of illegally occupied river beach, ban 21 unlicensed sand farms along the Yangtze River, and promote the integration of 1680 mu of contiguous Fushadwei Riverside Wetland Park. Typical significance As for the environmental pollution problem of Jingu Port disclosed in the ecological environment warning film of the Yangtze River Economic Belt, if the administrative organ failed to effectively rectify and control the problem repeatedly due to unclear regulatory responsibilities, the procuratorial organ, on the basis of comprehensive investigation, evidence collection, analysis and evaluation, played the role of administrative public interest litigation to supervise the performance of duties and coordinate support, formulated and issued procuratorial recommendations to promote the relevant administrative organs to actively rectify,At the same time, considering the cross functions of multiple departments, relying on the government inspection linkage mechanism, we organized a round table meeting to promote the joint performance of duties and coordination of all parties, promote comprehensive rectification and systematic governance of problems, and guide the compliance operation of Yangtze River port enterprises. 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Source | WeChat official account of the Supreme People's Procuratorate