Rise to difficulties and safeguard national defense and military interests —— A group of information about the procuratorial public interest litigation carried out by military procuratorial organs Write in front Procuratorial public interest litigation refers to the activities that procuratorial organs carry out legal supervision over acts that infringe upon the national interests and social public interests through consultation, procuratorial suggestions, and litigation, so as to safeguard the damaged public interest. The work of public interest litigation carried out by military procuratorial organs is an inevitable requirement for the implementation of the decisions and arrangements of the CPC Central Committee, the Central Military Commission and President Xi Jinping. It is an important measure to implement the strategy of running the military according to law and safeguard national defense and military interests. Since 2018, the military procuratorial organs have focused on national defense and military interests in national interests, carried out pilot public interest litigation, handled more than 500 public interest litigation cases with local procuratorial organs, promoted the resolution of more than 600 issues such as the protection of military facilities, the confirmation of military land rights, and the protection of military rights and interests, supervised the rectification of more than 800 issues related to the protection of martyr memorial facilities, and effectively solved a number of long-standing problems that have plagued the troops and officers and soldiers, It has provided a strong legal guarantee for the army to prepare for war. Recently, the political and Legal Affairs Committee of the Central Military Commission issued the notice on the work of public interest litigation by military procuratorial organs, which provided guidance for the further development of procuratorial public interest litigation in the military. From now on, the "military barracks under the rule of law" edition has opened a column entitled "military procuratorial public interest litigation in action", which introduces typical cases of military procuratorial organs carrying out public interest litigation involving safeguarding military rights, and promotes procuratorial public interest litigation to better serve national defense and military construction. Fuzhou military procuratorate and Fujian Provincial People's Procuratorate conducted on-the-spot investigation on the protection of military navigation channels. Photographed by chenwenhuai Guard the restricted area and ensure the smooth navigation of warships ■ Darren Qiao, xuzhe "Unexpectedly, the long-standing problem that has plagued the security of the military port for many years has finally been solved through public interest litigation." Looking at the ships returning to the port, Captain song, a naval ship with nearly 30 years of sailing experience, expressed his gratitude to the military and local procuratorial organs. The sword wears the blue waves, and the athletes guard the sea. In recent years, as a fist force guarding the outpost in the East China Sea, a navy unit has equipped many new equipment. However, the channel of ships entering and leaving the military port has been crowded by local ships, and even the safety accident of fishing boats colliding with military wharves has occurred. The author learned that in the 1990s, the waters of the Ministry were designated as military restricted zones. However, due to complex historical reasons, the relevant management systems have not been implemented. For a long time, local ships can also enter at will, which not only seriously affects the ship mooring and weapon loading operations, but also brings security risks to military facilities and military operations. Previously, the Ministry has repeatedly coordinated with relevant departments to strengthen supervision, but it has not been effectively resolved. "We must not allow chronic diseases that harm national defense and military interests to affect our military training and preparation for war." In june2020, after receiving the problems reported by the army, Hangzhou military procuratorate immediately informed the local procuratorial organ of the clues. The two sides launched the military civilian procuratorial cooperation mechanism and set up a joint investigation team to gradually clarify the rights and responsibilities of relevant units by means of field investigation, watching surveillance videos, aerial photography of UAVs for evidence collection, in-depth visits and research, and consulting historical data. According to relevant laws and regulations on the protection of military facilities, the military restricted zones shall be set up with warning signs by the people's governments at or above the county level, and announced to the public by the local administrative departments. The military and civilian procuratorial organs convened the resident governments, maritime departments and military organs for consultation, listened to the opinions of all parties, studied solutions and defined rectification plans. Through the joint efforts of all parties, the resident government has set up warning signs as required, the maritime department has revised the regulations on navigation management in the sea area, and announced the scope of navigation prohibition to the public. At the same time, the relevant departments have strengthened the administrative law enforcement of vessels trespassing in the military restricted zone. Through the joint efforts of the military and civilian procuratorial organs and the resident governments, the hidden dangers affecting the security of military ports have been gradually eliminated. In recent years, the military Procuratorate of the eastern theater has timely organized a comprehensive assessment of the protection of the military restricted zone and the military management zone in the waters within the theater, deployed and carried out special supervision activities on public interest litigation in the field of military ports and ship navigation channels, cooperated with local procuratorial organs to ensure the full implementation of the military "two zones" management system through legal means, and jointly organized a military port security protection network. Comments: the protection of military restricted zones in waters is directly related to the weapon safety of naval ships and the secrets of military operations. In this case, the military procuratorial organ actively responded to the concerns of the army, strengthened the cooperation between the military and local procuratorial organs, strengthened communication and coordination with local administrative organs and the army through joint investigation and consultation, determined the contents of rectification, studied countermeasures, and urged relevant units to perform their duties according to law, effectively safeguarding national defense and military interests. In the special patrol activities for the protection of military facilities in the waters of Chongqing section of the Yangtze River, the Chengdu Military procuratorate and the local procuratorial organs used UAVs for water patrol. Han keshe Clear the air and guard the eagle flying in the blue sky ■ lihongshan, PENGJian In the night, the lights flickered, guiding the "way back to camp" for the battle eagles Recently, with the joint efforts of the military and local procuratorial organs, all tall buildings in the airport clearance area of an air force base were installed with aviation obstacle indicators, ensuring the smooth takeoff and landing of fighters. In recent years, with the rapid development of the resident economy and society, a large number of buildings have been built around the air force airport. Some towers and high-rise residential buildings have exceeded the clearance management height limit requirements, causing trouble to the flight training of the army and affecting the combat readiness training and combat effectiveness generation. To ensure flight safety, the base can only adjust the flight route and altitude. In August last year, the Urumqi military procuratorate and the local procuratorial organs launched a special action to protect the clearance of the military airport to investigate the clearance protection of the airport. According to the interview statistics, hundreds of buildings around the airport exceed the clearance requirements of the airport, seriously threatening flight safety. Most of these buildings are commercial buildings and residential buildings, involving a wide range of interests and difficult to renovate. In order to take into account the interests of national defense and military affairs, local development and the interests of the masses, the military and local procuratorial organs, together with the air force and the resident governments, have carried out several rounds of consultations, studied and put forward the rectification ideas of "considering the interests of the people, taking into account the local economy, optimizing the rectification methods and ensuring flight safety", and invited deputies to the National People's Congress, people's supervisors, representatives of the masses and professionals to hold public hearings to listen to the opinions and suggestions of all parties, Coordinate with professional organizations to conduct aviation assessment on the ultra-high buildings in the airport clearance area, carry out flight verification, study and formulate the rectification and disposal plan approved by both military and civilian sides, require the removal of the top attachments of the ultra-high buildings, and install aviation obstacle indicators for all the ultra-high buildings in the airport clearance area, so as to provide guidance for fighter aircraft to fly at night. After that, the resident government set up a special team to promote the rectification work, and the military and local procuratorial organs held regular promotion meetings to study and solve contradictions. "All the super-high towers have been demolished, and the public buildings have been installed with aviation obstacle indicators, but some community owners are worried that the installation of aviation obstacle indicators will damage the house structure and affect normal life, and do not agree to install them on their own roof..." at a promotion meeting, local government staff were embarrassed. In the face of new situations and problems, the procuratorial organ gave full play to its professional advantages, set up a law popularization and publicity team, went deep into the residential areas to explain the law door by door, persuade and mobilize, and finally got the understanding and support of the owners. Through half a year's efforts, the long-standing and difficult problems that have plagued the safety of flight training have been satisfactorily solved. In order to consolidate the remediation effect, the Urumqi military Procuratorate, together with the local procuratorial organs and the resident military facilities protection committee, actively consulted and put forward suggestions to jointly protect the military facilities under its jurisdiction, establish a long-term mechanism for the clearance protection of military airports, and better guard the clearance for the flying eagle. Comments: national defense and military interests are important components of national and social public interests. In this case, the military and local procuratorial organs actively played the function of public interest litigation, adhered to the concept of "win-win and win-win", paid attention to the deep integration of legal principles and reason, coordinated cooperation, closely cooperated, forced responsibility, progress and implementation by law, supervised the active performance of the responsible subjects according to law, effectively solved the problems that had plagued the troops for a long time, and formed a long-term mechanism of joint management, governance and protection of the clearance of military airports. The Hangzhou military procuratorate held a seminar on public interest litigation with relevant military and civilian units. Photographed by zhangwenbin Remove the obstacles to ensure the radar can see and hear ■ pengyusheng, Yangwu One morning a few years ago, there was a rapid ringing of the telephone. "Report, there is abnormal signal in the northeast of the radar position, and the normal combat readiness duty of our station is disturbed!" A radar unit received a report from the watchman. It turned out that three new commercial residential buildings in the army station were too close to the radar position, resulting in the decline of radar detection performance in the direction of the area and affecting the flight safety of aircraft. Since then, the army has consulted with relevant departments for many times, but has not been able to solve the problem. At the end of 2019, the Kunming Military procuratorate found this situation when it went to the troops under its jurisdiction to conduct public interest litigation research. Because it involves the safety of important military facilities, on the basis of detailed listening to the army's introduction, consulting materials and visiting, the military procuratorial organ timely contacted the local procuratorial organ, jointly discussed the legal basis, factual evidence, handling procedures, rectification opinions and other issues, determined solutions, and established a joint military civilian working group to investigate and collect evidence on the site of illegal buildings, Experts from an air force base were invited to conduct professional appraisal on the radar impact, visit and investigate the social and public conditions involved in the real estate project, and supplement and improve relevant evidence materials. Through the coordinated efforts of various parties, the military and civilian procuratorial organs took the lead in holding public interest litigation meetings, comprehensively considering the security of military facilities, the affordability of local finance, the interests of developers and the legitimate rights and interests of the people who buy houses, and jointly studying solutions with all parties to strive to achieve win-win results. After active consultation with the local government, the military and local procuratorial organs jointly announced the procuratorial proposal to the relevant responsible units, suggesting that remedial measures should be taken immediately to dismantle the three commercial residential buildings that affect the safety of military facilities and eliminate potential safety hazards. Subsequently, the relevant local departments set up special work teams to carry out work in the community, urged the project developers to formulate rectification plans, and provided special funds to properly solve the people's difficult demands, so as to fully promote the demolition and rectification work. A few months later, all the illegal buildings were demolished, and the radar signal was clearly returned on the screen again. So far, the problems that have long affected the combat readiness training of the army have been thoroughly solved with the intervention of procuratorial public interest litigation. The local Party committee and government also took this opportunity to establish a linkage mechanism for the protection of military facilities, improve the protection level of military facilities, and achieve a good effect of "handling one case and governing one domain". Comments: the detection performance of radar equipment has been affected by high and too close buildings, which will seriously restrict the generation of combat effectiveness. In this case, the military and local procuratorial organs cooperated closely to urge relevant units to perform their duties according to law through joint investigation, active consultation and joint announcement of procuratorial suggestions, so as to form an overall joint force to safeguard national defense and military interests. This case is a useful exploration of procuratorial public interest litigation in the field of military facilities protection, and highlights the military procuratorial organ's function of "military for war". (outlook new era)