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Law

Pu'er, Yunnan:

2022-02-10   

In winter, the Nuozhadu reservoir area of Lancang River is green and quiet, reflecting the blue sky and white clouds. The green mountains on both sides of the Strait are green, and taking a boat is like traveling in the middle of a painting Then to Nuozhadu, Li Tie, a full-time member of the Procuratorial Committee of the people's Procuratorate of Pu'er City, Yunnan Province and leader of public interest litigation, was relieved and filled with emotion. She thought of the days and nights in the clean-up of cage fish culture. The operation lasted more than three years, dismantling 13000 mu of illegal net boxes. Until last August, the water in the former breeding area was no longer dirty and smelly. Pu'er City is located in the center of Yunnan's "Kingdom of animals and plants", with two national nature reserves. In September 2015, the procuratorial organ of Pu'er City was identified as the first batch of public interest litigation pilot projects in China. Li Shiqing, procurator general of Pu'er people's Procuratorate, said that public interest litigation, especially "green prosecution" (environmental protection public interest litigation), is the outstanding work of the court. Li Tie recalled that at the beginning of the pilot in 2015, Pu'er procuratorial organs were still "at a loss" about public interest litigation. There were only three female police officers in the civil administrative procuratorial office in charge of the pilot work, and only two county and district procuratorates with case handling power in the city. In order to do this important work well, the municipal procuratorate regards public interest litigation as a "top-level project", divides 10 county and district courts into three areas, and forms an integrated case handling mechanism under the guidance of business backbone; At the same time, the backbone of the city's business was transferred to form a case tour group to sink the front line, make key breakthroughs, and activate the overall situation with small special activities. Lancang Lahu Autonomous County, relying on the patrol procuratorial office, carried out the special action of public interest litigation for the comprehensive improvement of Jingmai mountain and the protection of historical and cultural heritage, so as to apply for the escort of world cultural heritage for Jingmai mountain. In March 2015, the pipeline of the concentrator and smelter of Jinggu mining and Metallurgy Co., Ltd. was broken, resulting in the leakage of copper sulfate liquid through the flood discharge channel, resulting in the pollution of some farmland and vegetable fields and river channels. In the process of public interest litigation, the people's Procuratorate of Pu'er City reached a mediation agreement with Jinggu company, and the company compensated more than 800000 yuan for the repair cost of ecological environment damage to the government public account; The company paid 400000 yuan for judicial expertise. "The practice of bringing the appraisal fee into the litigation claim in this case can realize the unity of the cost and benefit of judicial relief, and punish the infringer, which is conducive to the realization of the purpose of civil public interest litigation." Li Tie said. Since Pu'er, the procuratorial organ has filed more than 94 public welfare cases, and has not accepted more than 4100 public welfare litigation cases, of which the procuratorial organ has failed. "Green procuratorial" is not a "one-man show". The procuratorial organ of Pu'er City has established a working cooperation mechanism with the court, natural resources, water affairs, ecological environment, forestry and grass, market supervision and other departments, and set up 10 patrol procuratorial offices in nature reserves in the city to promote the functional departments to issue the regulations on the administration of river sand mining in Pu'er City, Establish "River (Lake) director + procurator general", "forest Director + procurator general" and the inspection and elimination cooperation mechanism with the municipal fire brigade. Pu'er municipal Party committee, the Standing Committee of the Municipal People's Congress and the municipal government have issued documents and measures to support public interest litigation of procuratorial organs respectively. Cooperate with the Municipal Commission for Discipline Inspection and the Supervision Commission, and invite them to send "observers" to supervise the handling and implementation of procuratorial suggestions, so as to make procuratorial suggestions "grow teeth". "In the past, some administrative organs were more resistant to procuratorial suggestions, but over the past few years, they have increasingly accepted and even welcomed them," Li Tie said. "This work well reflects the working concept of win-win, win-win and win-win of procuratorial organs." Li Shiqing said that in the next step, procuratorial organs should also participate in the comprehensive management of the ecological environment, explore biodiversity protection, and use "green procuratorial" to explore the modernization of the rule of law and ecological governance in the border areas. (outlook new era)

Edit:Luo yu Responsible editor:Wang xiao jing

Source:people.cn

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