Yunnan Pu ‘er： Exploring ＂Green Prosecution＂ and Strengthening Public Welfare Protection
On-the-spot investigation of procuratorial police officers in Nuozhadu reservoir area
The Commission for Discipline Inspection appointed a special person as an "observer" to participate in the special inspection of the procuratorial proposal "looking back"
The protection of ancient tea forests in Jingmai Mountain has entered a critical period, so it is urgent to protect ancient tea trees. Recently, the Procuratorate of Lancang County in Yunnan Province set up a roving inspection office for the protection of ancient tea forests in Jingmai Mountain in Pu ‘er Jingmai Mountain. This is a vivid practice of Pu ‘er procuratorate providing judicial guarantee for the only national green economy experimental demonstration zone in China.
A few days ago, the Comprehensive Coordination Office of the Leading Group for the Construction of Ecological Civilization in Yunnan Province forwarded the experience and practice of the procuratorial organs in Pu ‘er City, Yunnan Province to the whole province with the theme of "Exploring" green procuratorial work ",strengthening public interest litigation and building a judicial barrier for green development. Taking care of Pu ‘er Green with "Procuratorial Blue", the procuratorate of Pu ‘er City handed over a satisfactory answer.
Serve the overall situation and practice the concept of "green prosecution"
In September 2015, the procuratorate of Pu ‘er City was identified as the first batch of public interest litigation pilots in China. Challenges and opportunities coexist. The procuratorial organs of Pu ‘er City put forward the concept of "green procuratorial work" closely around "ecological establishment of the city and green development", formulated and issued 17 opinions to guarantee and serve the strategy of "ecological establishment of the city and green development" in Pu ‘er, and built a diversified procuratorial system of ecological environmental protection with criminal, civil, administrative and public interest litigation. At the same time, the procuratorate of Pu ‘er City set up a public interest litigation leading group headed by the procurator-general, set up a professional research group composed of 45 national or provincial procuratorial experts and experts, and set up 10 special environmental resources procuratorial case-handling groups in the county and district hospitals respectively, establishing a city-wide integrated working mechanism. The professional team of "green procuratorial" promoted the development of green industry and built a judicial barrier for the green development of Pu ‘er.
The reporter learned that since the pilot implementation of the "green procuratorial" system, the procuratorial organs in Pu ‘er City have handled 1,945 pre-litigation cases of public interest litigation, urged the restoration of 600 mu of polluted water sources, 42.4 kilometers of rivers and 204 illegal aquaculture through pre-litigation procuratorial suggestions, urged the restoration of 157.3 mu of cultivated land, forest land and water sources, urged the closure and rectification of environmental pollution enterprises and 11 enterprises that failed to handle environmental assessment according to law, effectively avoiding national economic losses.
The "green prosecution" system has also risen to the city’s strategy, realizing the public interest litigation from the ice-breaking trip to the full bloom. The Municipal Party Committee and the Municipal Government of Pu ‘er issued the Implementation Opinions on Supporting Procuratorial Organs to Carry out Public Interest Litigation to Promote the Green Development of Eco-city and the Construction of Pu ‘er under the Rule of Law, and the Standing Committee of the Municipal People’s Congress took the lead in issuing the Opinions on Further Strengthening the Public Interest Litigation of Procuratorates in the whole city.
Based on functions, form a diversified procuratorial system for ecological environmental protection
"The practice of including the appraisal fee in the litigation request in this case can realize the unification of the cost and benefit of judicial relief, and at the same time punish the infringer, which is helpful to realize the purpose of civil public interest litigation." In March 2018, the Supreme People’s Procuratorate announced that "Pu ‘er City Procuratorate of Yunnan Province v. Yunnan Jinggu Mining and Metallurgy Co., Ltd. Civil Public Interest Litigation Case" was a typical case of ten procuratorial public interest litigations in China.
On March 7, 2015, the feed liquid conveying pipeline of No.8 concentrator of Jinggu Mining and Metallurgy Co., Ltd. in Jinggu County was broken, which caused the copper sulfate feed liquid to leak through the spillway, which led to the pollution of some farmland and vegetable fields in Baixiang Village and Minle Village in Minle Town, Jinggu County, and the fish in some sections of Minle Town floated and died, resulting in direct losses of more than 512,000 yuan to local villagers. After the pollution accident, Jinggu Company compensated the victims for their direct losses. Appraised by the Judicial Appraisal Center, in addition to direct losses, the quantified result of the amount of environmental pollution damage is 1,358,300 yuan, including 528,600 yuan for farmland environmental pollution damage and 829,700 yuan for ecological environment damage restoration.
In order to protect the ecological environment and safeguard social public interests, the Pu ‘er City Procuratorate filed a civil public interest lawsuit with the Pu ‘er Intermediate People’s Court after careful investigation and evidence collection and performing pre-litigation procedures. During the litigation, the Pu ‘er City Procuratorate and Jinggu Company voluntarily reached a mediation agreement, and Jinggu Company compensated 829,700 yuan for the restoration of ecological environment damage to the account designated by Pu ‘er City Finance Bureau; Jinggu Company paid the judicial appraisal fee of 400,000 yuan to Jinggu County Environmental Protection Bureau.
"This case fully coordinated all parties, and closed the case with the defendant’s full compensation for the purpose of repairing the environment, achieving the organic unity of legal effect and social effect, and providing a practical sample for improving the diversified settlement mechanism of ecological environment and resources disputes." Li Shiqing, Party Secretary and Procurator-General of Pu ‘er City Procuratorate, said.
Rolling stones do not grow moss. "Touring" is also an important mechanism innovation for Pu ‘er procuratorate to strengthen public interest litigation.
In August 2018, under the guidance of Pu ‘er City Procuratorate, Jingdong County Procuratorate set up the province’s first national nature reserve inspection office in Ailaoshan Nature Reserve in Jingdong. In April this year, the Jingdong County Procuratorate set up a roving inspection office of Wuliangshan National Nature Reserve.
People-oriented, promote the formation of a joint force to protect the ecological environment
Public interest litigation is not a "one-man show". The procuratorial organs in Pu ‘er adhere to the people-centered development idea, and put forward restorative justice concepts such as "comprehensive management, consultation and sentencing, interactive prevention", strengthen communication and coordination with relevant administrative organs, and pay attention to the implementation of various practical measures.
From March to November, 2017, 14 people, including Zou Moumou, a villager from Longma Village, Baozhen Town, Jiangcheng County, illegally cut down trees without the approval of the competent forestry authorities and handling the forest cutting license.
In the investigation, the prosecutor of Jiangcheng County Procuratorate found that 8 of the 14 people, including Zou Moumou, were poor households with established files. They cut down trees without a license in order to grow cash crops with short cycle and quick income, such as bananas and nuts, and wanted to increase their income in a short time and get rid of poverty as soon as possible. Farmers don’t understand and accept the plan of cutting down fruit trees to restore forest land. Prosecutors visited the village many times and gave them patient and meticulous explanations from the perspective of reason and law, and actively communicated and coordinated with relevant administrative organs, and held on-the-spot meetings for handling criminal incidental civil public interest litigation cases, fully explaining to the villagers that if ecological restoration is not carried out according to the restoration plan, there will be no conditions for lighter and lighter treatment, guiding the people to turn their minds around and combine ecological restoration with legal wealth.
On February 1, 2019, Jiangcheng County Procuratorate filed a criminal incidental civil public interest lawsuit against this series of deforestation cases. The court ruled that the defendant Zou Moumou and other 14 people replanted Pinus kesiya var. langbianensis or Cunninghamia lanceolata in the original site of deforestation.
"I know the disadvantages of cutting down trees. For the development of future generations, I am willing to cut bananas to restore forest land. " After the verdict, Fu Moumou and others said one after another.
"This case is ‘ Specialized legal supervision+restorative judicial practice+socialized comprehensive management ’ The powerful exploration of the ecological procuratorial mode is a typical example of people-oriented and warm justice, and it is a perfect interpretation of humanized case handling to help poverty alleviation. " Wan Wei, head of the Eighth Procuratorate of Yunnan Provincial Procuratorate, commented.
The reporter learned that the procuratorate of Pu ‘er City also explored the cooperation and joint management of the river, and made full use of the model of "river (lake) long system+discipline inspection commission+procuratorate" to help the construction of ecological Pu ‘er. In order to effectively resolve the "thrombus" that hinders the promotion of procuratorial public interest litigation and enhance the effectiveness of supervision of procuratorial public interest litigation, Pu ‘er City Procuratorate took the initiative to report to the Supervisory Committee of the Municipal Commission for Discipline Inspection on the important role of procuratorial suggestions of public interest litigation in Pu ‘er City in administration and governance according to law, which was highly valued and supported by the Supervisory Committee of the Municipal Commission for Discipline Inspection. In the work of "looking back" on the procuratorial suggestions issued by the two hospitals in Pu ‘er City, the discipline inspection and supervision organs at the city and county levels sent special personnel to participate in the whole process as "observers", which enhanced the fairness and authority of the special activities and formed a strong supervision force. (He Wei He Xing James Jiang)