Give better play to the efficiency of the procuratorial public interest litigation system
2022-10-27
The Supreme People's Procuratorate urged a prosecutor in charge of the public interest litigation case of ecological environment damage in the Wanfeng Lake basin across the three provinces to write this sentence in his work log: "In the past, the cage was full of lakes and the water quality deteriorated; today, the scenery is beautiful and the mountains and waters are beautiful." Recently, the Supreme Inspection Bureau released the Wanfeng Lake project as a guiding case. The Wanfeng Lake case demonstrates the typical scheme of procuratorial public interest litigation to solve the problem of watershed governance across administrative divisions, highlighting that procuratorial public interest litigation is becoming an important legal means of ecological environment governance in China. The ecological environment belongs to public goods, and the protection of the ecological environment concerns the vital interests of the people. For clues of public interest damage that are complicated and difficult to determine the object of supervision at the moment, the case can be filed based on the fact of public interest damage; As for the clues of cases of river and lake basin ecological environment improvement or major public welfare damage across administrative divisions, the higher procuratorate may directly file the case according to law; Guided by the issue of inter regional watershed governance, we will establish a normalized public interest protection mechanism and promote the governance of litigation sources... The Wanfeng Lake project adopts an integrated approach to handling cases, and its handling process and empirical methods provide useful reference for handling other public interest litigation cases in the field of ecological environment and resource protection. From top-level design and pilot projects to legislative guarantee and comprehensive implementation, public interest litigation has become an important institutional arrangement to protect public interests and promote national governance by judicial means. Focusing on the ecological environment problems with serious damage to public welfare, great social impact or cross basin and cross region characteristics, the procuratorial organs have increased their efforts to handle public interest litigation cases, handled a number of major public interest litigation cases in the ecological environment field, such as the Wanfeng Lake Project and the Nansi Lake Project, which reflects the implementation of the requirements of "protecting the ecological environment with the strictest system and the strictest rule of law", making the sky bluer, the mountains greener, and the water clearer A more beautiful environment provides a strong judicial guarantee. Since the procuratorial public interest litigation system was fully implemented on July 1, 2017, as of August 31 this year, the procuratorial organs had filed 702000 public interest litigation cases, including 353000 cases in the field of ecological environment and resource protection, accounting for more than 50% of public interest litigation cases. Practice shows that, in terms of ecological environment protection, procuratorial public interest litigation is helpful to gather protection consensus and form joint governance, but there are still problems such as cross regional governance, ecological damage identification, and imperfect ecological restoration mechanism. How to further improve the procuratorial public interest litigation cross regional jurisdiction cooperation mechanism, increase technical support for environmental public interest litigation, actively handle "hard core" cases strongly reflected by the masses, and constantly improve the quality and efficiency of public interest protection still needs to be actively explored by the procuratorial organ. Public interest litigation is not a "zero sum game", but helps the government to administer according to law by strengthening the supervision of public interest damage. Environmental public interest litigation should not only protect the ecological environment, but also protect the vital interests of the people, so as to achieve a win-win situation. "The case is closed" usually does not mean "something has happened". In order to consolidate the achievements of environmental governance and properly solve the follow-up problems, and turn the "green waters and green mountains" of nature into the "golden mountains and silver mountains" of the people, we need to establish a long-term mechanism to actively promote the solution with the spirit of nails, so as to achieve ecological beauty, industrial prosperity
Edit:Yi Bing Responsible editor:Wei Li Bin
Source:people.com.cn
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