The procuratorial organs carry out precise special supervision and use public welfare lawsuits to protect the homes of countless living beings-瞭望新时代网

The procuratorial organs carry out precise special supervision and use public welfare lawsuits to protect the homes of countless living beings

2024-05-23

"You have entered the Giant Panda National Park, please pay attention to protecting wildlife." Deep in the Qinling Mountains, a prominent road sign catches your eye. This is Qingmuchuan Town, Ningqiang County, Shaanxi Province, located at the junction of Shaanxi, Gansu, and Sichuan, with the characteristic of "one foot in three provinces". In recent years, the People's Procuratorate of Ningqiang County has been based on the public interest litigation procuratorial function, insisting on actively performing its duties, and contributing procuratorial strength to the protection of the habitat of giant pandas. "Our hospital focuses on strengthening cross regional cooperation and forming a joint force for ecological protection." The relevant person in charge of the Ningqiang County Procuratorate introduced that currently, the hospital has established a cross regional protection cooperation mechanism for ecological resources in the hinterland of the Micang Mountains with the People's Procuratorates of Wangcang County and Nanjiang County in Sichuan Province, and is fully committed to building a pattern of ecological prosecution and protection for the source of the Han River. Ecological prosperity leads to civilization. Biodiversity is the foundation of human survival and development, and protecting biodiversity is the common responsibility of all humanity. In recent years, procuratorial organs in various regions have fully fulfilled their functions in public interest litigation, and have carried out diverse cases and protected objects in biodiversity protection public interest litigation practices. Intensify the investigation efforts. Colorful flowers, diverse colors, and long flowering periods... Once, the invasive plant camaraderie was a bright color in urban spring. Under its high appearance, it is toxic and emits a foul odor, occupying the living space of other flowers and plants, and is known as an ecological "killer". At the beginning of this year, prosecutor Xu Yufeng and colleagues from the People's Procuratorate of Kaizhou District, Chongqing received clues that horse tassels were found in a green belt in the urban area. They sent the samples collected on site to the district agriculture and rural committee for plant experts to identify and determine it as one of the world's top ten poisonous weeds, the horse tassel. The court then issued a pre litigation prosecution recommendation for administrative public interest litigation to the urban management department in accordance with the law, suggesting early disposal of horse tassels in the urban area. After receiving the prosecutor's suggestion, the local urban management department immediately organized manpower to promptly remove the lantana and replace it with impatiens. The removed lantana was treated harmless and actively communicated and coordinated with functional departments such as the district ecological environment bureau. A list of common invasive alien species in urban green belts was issued, and the source was checked to prevent the introduction of invasive alien species in green construction. In recent years, procuratorial organs in various regions have continued to pay attention to prominent issues in biodiversity protection, such as the protection of animal and plant resources, germplasm resources, and invasive alien species. With case handling as the starting point, they have fully utilized the effectiveness of public interest litigation supervision, coordination, and accountability, carried out special supervision, strengthened regional cooperation, and improved the quality and efficiency of protection. The Supreme People's Procuratorate is steadfastly promoting the ten-year fishing ban on the Yangtze River and, together with the Ministry of Public Security and nine other departments, will carry out a special campaign to crack down on illegal fishing in the Yangtze River Basin. From January 2023 to March 2024, the procuratorial organs of the Yangtze River Economic Belt prosecuted more than 3100 cases of illegal fishing of aquatic products, over 5900 people, and filed more than 1700 public interest lawsuits for wildlife protection, urging the rectification of illegal activities such as the introduction, release, and disposal of invasive alien species. The procuratorial organs in Guizhou, Guangxi and other regions are positioned as "public interest lawsuits, supervisory lawsuits, and collaborative lawsuits", actively using pre litigation consultations, prosecutorial suggestions, and other means to fully play the role of pre litigation procedures, urging administrative organs to crack down on illegal activities that harm biodiversity in accordance with the law, strengthen habitat protection, and formulate special protection plans. Recently, a prosecutor from the People's Procuratorate of Xixia County, Henan Province, discovered significant improvements in the survival conditions of wild black shell Nan trees in the village of Dadi in Huiche Town when looking back at the improvement of the protection of the wild black shell Nan tree community. A permanent protection fence and an ancient tree community protection notice board were newly installed next to the ancient trees, with each tree having its own unique QR code protection sign... In May last year, the Xixia County Procuratorate received a clue on the "Yixin Weigong" procuratorial cloud platform that the wild black shell Nan tree community in Dadi Village in Huiche Town was damaged. "The wild black shell Nan tree community is located in remote villages, and the activities of villagers are intertwined with their living environment, making it easy to create blind spots in protection. How to make protection measures more targeted has become a top priority." Zhu Zhihai, a full-time member of the Xixia County Procuratorate's Procuratorate and Director of the Fourth Procuratorate, introduced. Therefore, the court immediately initiated the public interest litigation procedure and invited volunteers with forestry professional knowledge to assist in the case. Biodiversity conservation issues have a wide range of types and strong professionalism, while public welfare damage issues are relatively hidden and difficult to detect. Collaborative participation from multiple parties is required in online discovery, identification and evaluation, and professional governance. On July 19, 2022, the Supreme People's Procuratorate officially launched the "Yi Xin Wei Gong" prosecutorial cloud platform, providing public interest litigation prosecutors with "thousand mile eyes" and "smooth ears". Volunteers of "Yi Xin Wei Gong" can participate in public interest litigation work through clues, professional consultations, and other means, effectively filling the gap in case handling capacity and professional knowledge, and improving the quality and efficiency of public interest litigation cases. In recent years, procuratorial organs at all levels have also played the role of "external brains" such as scientific research institutions and industry experts, promoting the deep integration of procuratorial supervision, People's Congress supervision, and CPPCC democratic supervision. In the administrative public interest litigation case of the People's Procuratorate of Yuanzhou District, Yichun City, Jiangxi Province, urging the protection of the newly discovered critically endangered species "Mingyue Mountain Wild Pea", the court relied on the cooperation mechanism established with scientific research institutions to provide professional technical support for the case handling; In the administrative public interest litigation case of the People's Procuratorate of Longmatan District, Luzhou City, Sichuan Province, urging the protection of Luoshagongmite germplasm resources, the court relied on the conversion mechanism between representative suggestions and public interest litigation procuratorial suggestions, actively reported its work to the National People's Congress, sought support, and promoted the resolution of protection difficulties. "We have updated protection facilities, improved signage, and installed monitoring systems for wild pig blood trees," said Wu Teng, an engineer at Mabinteng Agricultural Ecological Technology Co., Ltd. in Yangchun City, Guangdong Province, to the prosecutor who came for a follow-up visit. Pig blood wood is a rare plant under national first-class protection and is listed as "extremely endangered" by the World Conservation Union. Two years ago, when a prosecutor from the People's Procuratorate of Yangchun City conducted an on-site investigation of ancient and famous trees, he found that there were generally non-standard protection signs and missing protection facilities in the local wild pig blood trees. Therefore, relevant units with direct management responsibilities were filed in accordance with the law, and clues were reported step by step. Subsequently, the Guangdong Provincial People's Procuratorate conducted an investigation and initiated an integrated case handling procedure. The procuratorates of Guangdong Province, Yangjiang City, and Yangchun City have filed cases separately. The Guangdong Provincial Procuratorate and the Guangdong Provincial Forestry Bureau held two rounds of consultations, reaching a consensus on clarifying management and protection responsibilities, improving institutional construction, and forming a consultation opinion. At the same time, the procuratorial organs of Yangjiang City have launched a "1+N" collaborative work mechanism for public interest litigation, urging relevant departments to develop corresponding management plans, effectively implementing dedicated personnel management and grid management, and strictly establishing a scientific, orderly, and well functioning long-term management mechanism for wild pig blood trees. After the case was resolved, the Guangdong Provincial Forestry Bureau and the Guangdong Provincial Procuratorate jointly introduced a "Forest Chief+Prosecutor General" collaborative mechanism. In practice, procuratorial organs in various regions have strengthened coordination and cooperation with administrative organs, carried out in-depth special actions, promoted the effective enforcement of judgments in the field of biodiversity protection and ecological environment restoration and governance, and built a strong barrier for judicial protection of biodiversity. In order to strengthen the connection between administrative law enforcement and criminal justice in cases involving wildlife, 9 procuratorates, courts, and ecological environment bureaus in the adjacent areas of Chongqing, Guizhou, and Hunan provinces jointly signed the "Manganese Triangle" Cross regional Environmental Resource Law Enforcement and Judicial Protection Cooperation Mechanism, and various agencies formed a joint force in joint patrols and mutual transfer of case clues in adjacent areas. In order to build a new pattern of comprehensive protection of marine biodiversity, the People's Procuratorate of Zhuhai City has jointly signed the "Public Interest Litigation Cooperation Mechanism for Safeguarding the Ecological Environment of Hutiaomen and Yamen Waterways" with the procuratorial organs in Zhongshan and Jiangmen, and established a "government procuratorial linkage" mechanism to promote the benign interaction between lawful administration and active performance of duties. All living beings share beauty and beauty. The procuratorial organs will continue to practice the concept of green development, connect the "last mile" of protecting biodiversity in a more diverse way, and work together to protect the homes of countless lives. (Lai Xin She)

Edit：Ying Ying Responsible editor：Shen Chen

Source：http://www.legaldaily.com.cn

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com

Return to home page Return to list