Military related rights protection: a group of experiences of military and local procuratorial organs in carrying out public interest litigation cooperation according to law
2021-11-23
In May 2020, the Supreme People's Procuratorate and the political and Legal Committee of the Central Military Commission jointly issued the opinions on strengthening the cooperation of military and local procuratorial organs in public interest litigation, strengthened the handling of military related public interest litigation cases, and provided a strong legal guarantee for safeguarding national defense and military interests. Over the past year, the military and local procuratorial organs have actively performed the function of public interest litigation, given full play to their advantages in cooperation, jointly enforced the law and handled cases on issues such as the destruction of national defense facilities, the occupation of military land, the infringement of military rights and interests, and the damage to the honor and memorial facilities of heroes and martyrs. Gratifying results have been achieved in public interest litigation involving the protection of military rights. In this issue, we introduce to readers several experiences of military and local procuratorial organs in performing their duties according to law, jointly carrying out public interest litigation related to military rights protection, and serving the army in preparing for war. Chengdu Military procuratorate and Chongqing Liangjiang District People's Procuratorate Special patrol of water military facilities ■ Chen Yuzhou, Li ruosong, Zhang Chongjie Chengdu Military Procuratorate, Chongqing Liangjiang people's Procuratorate and the troops under their jurisdiction inspected the water military management zone in Chongqing section of the main stream of the Yangtze River. Photographed by Zhou Pengfei Not long ago, Chengdu Military procuratorate and Chongqing Liangjiang people's Procuratorate formed a joint inspection team to carry out special inspections of water military facilities along the Yangtze River with the patrol boat of the boat detachment of the Chongqing Armed Police Corps. This boat detachment undertakes the important tasks of rescue and disaster relief, anti-terrorism and stability maintenance and water patrol in the section from Chongqing to the Three Gorges Reservoir area of the Yangtze River. For a long time, some watersheds have not set up signboards in the water military management zones, and the ships in and out of the Yangtze River channel are open to navigation at will, which has brought potential safety hazards to the detachment's combat readiness training and task execution. In order to protect national defense and military interests from infringement, Chengdu Military procuratorate actively performed the function of public interest litigation, analyzed and judged clues together with Chongqing Liangjiang people's Procuratorate, and decided to carry out joint special inspections around the protection of military facilities, ecological environment and resources in Chongqing section of the Yangtze River, so as to jointly carry out military related public interest litigation. On board, the joint military civilian patrol team used UAVs to investigate and collect evidence on issues suspected of interfering with the use of military docks, damaging navigation aids, disorderly discharge of sewage, occupation of river courses and so on; On the shore, the land team accompanying the advance uses the rapid inspection equipment to conduct on-site sampling and inspection according to the real-time situation fed back by the UAV, and the water and land advance together with tacit cooperation. The joint inspection team learned during the investigation of a military wharf of a brigade that the channel here was narrower after the new ship settled in March this year. The military wharf berth is close to the main channel, and there is no sign board of the military management zone. It is easy for passing ships to cross the border and rub with military ships, and there is a potential risk of loss and disclosure of military targets. These problems need to be solved urgently. According to the relevant provisions of the law on the protection of military facilities, signboards shall be set up in military administrative zones in accordance with the provisions, and shall be set up by local people's governments at or above the county level. After clarifying the subject of responsibility, Chengdu Military procuratorate and leaders of Chongqing Liangjiang people's Procuratorate visited relevant resident departments. While doing a good job in interpreting and reasoning the law, the military and local procuratorial organs supervised all departments to discuss rectification measures, required relevant units to take the initiative to perform their duties, established a joint meeting mechanism for water safety work, and reminded passing ships by setting up signs and broadcasting, so as to avoid problems endangering national defense and military interests. In this joint special inspection, the military and local procuratorial organs went deep into 8 districts and counties of Chongqing in the Yangtze River Basin and visited more than 20 military and local units, covering nearly one-third of the Chongqing section of the main stream of the Yangtze River. During the inspection, 21 clues of public interest litigation on military facilities and ecological environment protection were found. After review, 19 cases have been filed, 6 have been completed and 13 are under rectification. During the inspection, military and local prosecutors also went deep into military barracks, shipyards, docks and resident communities to publicize relevant laws and regulations and carry out legal service activities, so as to provide a strong legal guarantee for safeguarding national defense and military interests, protecting the legitimate rights and interests of soldiers and their families, and serving and preparing for war. Beijing Military procuratorate and Fangshan District People's Procuratorate of Beijing Municipality Protect the smooth communication of national defense optical cable ■ Zhang Chi Prosecutors of Beijing Military procuratorate and Fangshan District People's Procuratorate conducted on-the-spot visits and inspections on the protection of national defense optical cables. Zhang tianshe "After the national defense optical cable was cut off, it once caused us great losses. Now, with the support of military and local procuratorial organs, we have more confidence to protect the national defense optical cable." not long ago, officers and soldiers of a national defense optical cable maintenance force gave this feedback. Last year, some local personnel, knowing that there were national defense optical cables in the contracted land, still constructed and excavated reservoirs, resulting in the damage of national defense optical cables. The army immediately carried out emergency repair, and the parties also actively compensated for the losses, and finally reached a settlement. "The national defense optical cable is of great importance, and no mistakes can be tolerated!" a platoon leader of a certain department said in his summary and reflection that the officers and soldiers hope to have a long-term mechanism for protecting the national defense optical cable. After understanding this situation, the Beijing Military Procuratorate, in accordance with the opinions on strengthening the public interest litigation cooperation between military and local procuratorial organs, and jointly with the Fangshan District People's Procuratorate, immediately launched an investigation mechanism to jointly arrange and patrol the management, protection and use of the resident national defense optical cables. Most of the national defense optical cables are laid in remote suburbs, which brings some difficulty to the inspection. Military and civilian prosecutors visited more than 100 defense optical cable points in the region and mastered a large number of first-hand data. During the inspection, it was found that there were situations affecting communication security such as private construction, pole planting, deep ploughing of farmland, stacking of garbage, drainage of sewage and raising of livestock in many places along the national defense optical cable, violating the provisions on the protection of communication lines and other relevant requirements, threatening the use safety of national defense optical cable and endangering national defense and military interests. After mastering the situation, the Beijing Military procuratorate and Fangshan District People's Procuratorate held joint meetings for many times to analyze the causes of the problems, find the responsible units, discuss methods and countermeasures, improve the working mechanism and improve the level of cooperation. On the basis of full research and demonstration, the military and local procuratorial organs, together with the territorial Government, the people's Armed Forces Department of Fangshan District and other relevant responsible units, held a public interest litigation Symposium on the protection of national defense optical cables. The military and local procurators explained to the relevant units the responsibilities of protecting military facilities, the consequences of damaging and endangering national defense optical cables, and displayed the problem clues found in the investigation on the spot. The person in charge of relevant units said that we should carefully study the problems raised by the procuratorial organs, clarify the solutions and make rectification in place as soon as possible. After the successful pilot in Fangshan District, the Beijing Military procuratorate actively communicated and coordinated with the Beijing Municipal People's Procuratorate, jointly formulated and issued the implementation plan on carrying out special activities of public interest litigation for the protection of national defense optical cables. Subsequently, all districts in Beijing quickly took action. The military and local procuratorial organs jointly inspected the national defense optical cable, actively communicated with relevant departments for the problems found, jointly formulated and issued procuratorial suggestions and effectively solved the problems. At present, the military and civilian procuratorial organs have filed 9 cases and jointly prepared and issued 9 procuratorial suggestions. Zhengzhou military procuratorate and Henan Provincial People's Procuratorate Maintain and repair the tombs of unknown martyrs ■ Shen Jiapeng, Feng Yuan Zhengzhou military procuratorate and Henan Provincial People's Procuratorate held a public interest litigation Cooperation meeting to coordinate and promote the protection of national defense and military interests. Feng Yuanshe In the hinterland of the Central Plains in early winter, WanMu is still lush. Walking into the cemetery of the unknown martyrs of the juanan campaign in Maogang village, fan County, Henan Province, the newly planted green cypresses are arranged neatly, surrounded by fences, more than 6m high monuments stand towering, and stone tablets are engraved with the heroic deeds of the martyrs. The whole park is clean, tidy and solemn. It's hard to think that it was overgrown and dilapidated a few years ago. In early 2019, when two prosecutors of Zhengzhou military procuratorate coordinated to solve the legal problems related to military families, they passed Maogang village and found this martyr tomb. At that time, the cemetery was overgrown with weeds and piles of garbage. The monument had been damaged and many places around it had been illegally occupied... The prosecutor carefully read the remaining stone tablets and found that 176 unknown martyrs who died in the juanan campaign of Shanxi Hebei Shandong Henan field army in 1946 were buried here. "The revolutionary martyrs shed blood and died for their country, and they should always be respected." the prosecutor reported this situation to the organization in time. Later, during a visit to 3 cities and 8 counties, the procuratorate found that some martyr memorial facilities were out of control and in disrepair to varying degrees, which was very worrying. The leaders of Zhengzhou military procuratorate attached great importance to it and immediately coordinated the people's Procuratorate of Henan Province to form a working group to carry out special investigation and comprehensive arrangement on the protection and management of martyr memorial facilities in the province. In more than a month, the working group visited 123 martyrs' cemeteries, inspected 290 Memorial facilities and 79 scattered martyrs' tombs, and found many problems. It is the due duty of the procuratorial organ to protect the memorial facilities for heroes and martyrs. In accordance with the requirements of the law on the protection of heroes and martyrs, they gave full play to the procuratorial function of the administrative public interest litigation of martyrs' facilities, communicated with the County Veterans Affairs Bureau, the town government and the village Party branch, studied and formulated rectification plans, coordinated supporting funds, maintained and repaired the martyrs' tombs in Maogang village, and greening the environment around the cemetery. After more than a year of renovation, the cemetery of unknown martyrs in juanan campaign in Maogang village was officially completed. On this basis, they worked with the procuratorial organs at the provincial, city and county (District) levels to formulate and issue procuratorial suggestions to the administrative organs at the same level, and urged them to carry out centralized rectification of problems. Through a series of measures such as improving the mechanism, strengthening security and increasing publicity, 86 martyr cemeteries have been repaired, 93 Memorial facilities and 79 martyr tombs have been protected and renovated. In recent years, Zhengzhou military procuratorate has given full play to its procuratorial and supervisory functions, cooperated with Henan Provincial People's Procuratorate, Provincial Department of Veterans Affairs and other units, continuously expanded the scope of procuratorial functions of public interest litigation, safeguarded national defense and military interests and the legitimate rights and interests of military dependents, and provided a strong legal guarantee for national defense and military construction. Drawing: Jia Guoliang (outlook new era)
Edit：Luo yu Responsible editor：Jia jia
Source：81.cn
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