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Shaanxi Procuratorate Improves Public Interest Litigation and Promotes Ecological Protection and Restoration in the Yellow River Basin——Cooperating in Rejecting Wastewater into the Yellow River

Release time: January 13, 2020

The Yellow River Basin must make great efforts to carry out great protection and management, and follow the path of ecological protection and high-quality development. 1088 件,清理污染水域面积 25543 亩。 The Shaanxi Provincial Procuratorate has focused on the ecological protection and restoration of the Yellow River Basin, deepened and improved the functions of public interest litigation, strengthened communication with administrative law enforcement departments, supervision agencies, and courts. It has issued 1,088 procuratorial recommendations and cleared 25,543 acres of polluted waters .

"There used to be a sewage outlet here, and you had to cover your nose to pass by." Ms. Ge, who lives in Jingshifang District, Fugu County, Yulin, Shaanxi, pointed to the Yellow River in front of her house, and now she can finally take a comfortable walk along the river bank.

4 月,府谷县人民检察院的一份检察建议彻底治愈了这个顽疾。” "The river view room is guarded, the Lanshui River is held, and the drainage of the Yellow River has always been a heart disease of nearby residents." Ge Yan, director of the Fugu New District Management Committee, said, "In April last year , a copy of the Fugu County People's Procuratorate Prosecution recommendations have completely cured the disease. "

年以来,陕西省检察机关围绕黄河治理共立案 1207 件,发出检察建议 1088 件、起诉 6 件,清理污染水域面积 25543 亩,清理污染和非法占用河道 1172 公里、整改拆除违法建筑 60431 平方米,有效提升了群众的获得感和幸福感。 Since 2018 , the Shaanxi Provincial Procuratorate has filed 1,207 cases concerning the Yellow River governance , issued 1,088 prosecution recommendations , and prosecuted 6 cases. It has cleared 25,543 mu of polluted waters , cleaned and illegally occupied 1,172 kilometers of river channels , and rectified and demolished 60,431 square meters of illegal buildings . Effectively improved the sense of gain and happiness of the masses.

All together

Issue procuratorial recommendations, follow up and supervise, and governance is no longer "solo"

"The sewage near our community was directly discharged into the Yellow River without any treatment, and it smelled bad." After receiving reports from the masses, the Fugu County Procuratorate immediately visited the investigation and site inspection. After investigation and evidence collection, the Fugu County Procuratorate issued procuratorial recommendations to local water bureaus, environmental protection bureaus and other departments, and recommended relevant administrative units to perform environmental protection supervision on illegal sand mining, illegal excavation of fish ponds, illegal construction, and random stacking. Duties.

510 万元。 Immediately after that, the Fugu County Party Committee and the county government set up the "Leading Group for Sand Mining and Remediation of the Yellow River Channel" and the "Working Group for Remediation of Domestic Wastewater" to formulate a special remediation work plan and invested 5.1 million yuan. 60 只,清理转运砂石、凝土块等 43 万余立方米,撤除违法房屋 69 间,清理排污口 5 处,恢复沿岸原状 80 公里,“堤上见河、河上见滩、滩上见绿”的美景又回到了群众身边。 In this special operation, 60 sand mining ships were evacuated , and more than 430,000 cubic meters of sand and gravel and clay blocks were cleared. 69 illegal houses were removed , 5 sewage outlets were cleaned up , and the original coastal status was restored to 80 kilometers. The beauty of the river, seeing the beach on the river, and seeing the green on the beach has returned to the masses.

"It is a bit laborious to rely on our water conservancy bureau to solve the" four chaos "problem of the Yellow River, and the effect is not obvious. With the support and supervision of the procuratorate, everyone works together and is obviously much better." Director of Fugu County Water Conservancy Bureau Tan Yushan said.

The supervision of a single administrative region has gained momentum, and the joint supervision across regions has also matured. In recent years, Shaanxi Yulin, Shanxi Xinzhou, and Lu Liang jointly held a joint conference on the protection of the Yellow River Mother River public interest litigation work, and promulgated the three cities 'procuratorates' "cooperation and cooperation work mechanism on the development of the ecological environment and resource protection of the Yellow River Mother River" Opinions ", the mechanism includes joint meetings, information exchange, clue transfer, case communication, etc., and aims to strengthen cooperation and protect the Yellow River.

"During the follow-up supervision process, the procuratorial organs solved some long-standing ills and formed a work pattern of ecological protection of the river basin," co-management and joint prevention and joint governance, "and achieved a good result of win-win and win-win." Prosecutor Hu Liping introduced.

Information Sharing

Promote multiple departments to establish a ledger, find one, and clean up one

6 年没种上庄稼啦,检察院终于帮俺把一亩七分地要回来了。”指着自家的麦田, 65 岁的村民马列转一脸喜悦。 " I haven't planted crops in 6 years, and the procuratorate finally helped Yi to return seven cents of an acre of land." Pointing to his own wheat field, 65 -year-old villager Mare turned to joy.

年前, 5 家砂石企业在未办理任何用地手续的情况下,非法占用渭河沿岸 466 亩土地。 Six years ago, five sand and gravel enterprises illegally occupied 466 acres of land along the Weihe River without going through any land use formalities . 6 次发出 11 份责令停止、限期改正违法行为通知书,并作出行政处罚决定。 Previously, the Fufeng County Land and Resources Bureau issued 11 notices ordering suspension and correction of illegal acts within six times , and made administrative punishment decisions. 5 家企业仍持续违法占地开展生产经营。 However, five companies continued to illegally occupy land for production and operation.

年,扶风县检察院通过梳理台账信息发现该线索后,认为符合行政公益诉讼立案条件,立即成立专案组开展调查。 In 2017 , the Fufeng County Procuratorate found the clue by combing the ledger information and found that it met the conditions for filing an administrative public interest litigation, and immediately set up a task force to investigate. 年,扶风县检察院向县国土资源局发出检察建议。 In 2018 , Fufeng County Procuratorate issued a procuratorial recommendation to the County Land and Resources Bureau. 5 家砂石企业停止一切生产活动,腾退违法占用土地。 At the end of the year, with the joint efforts of the provincial, city, and county procuratorial organs, the city and county party committees, and the government, the five sand and gravel enterprises stopped all production activities and retreated from illegally occupying land. 2019 3 月前,已经全部实现复垦。”扶风县检察院检察官程兰兰介绍道。 "These fields, which are regarded by farmers as ' life roots,' have all been rehabilitated before March 2019 , " said Cheng Lanlan, a prosecutor at the Fufeng County Procuratorate.

At present, the procuratorial organs at all levels in Shaanxi have established an information sharing system with the river governor's office at the same level and the water department, regularly communicated the situation, implemented a double ledger management system for case clues, and fully grasped the ledger and rectification and cancellation of the problems that have been investigated. And timely informed the relevant departments, and jointly promote the mother river governance. "Make sure to find one, clean one, and sell one." According to Yang Hui, deputy director of the eighth procuratorate of the Shaanxi Provincial Procuratorate, the Shaanxi Procuratorate established a problem ledger for the Yellow River issue-related clues found, and managed the case clues in person. In accordance with the degree of rectification and improvement, timely conduct supervision and inspection, urge relevant responsible units to formulate rectification plans, implement rectification measures, and supervise and accept the rectification situation, and focus on supervision of major and difficult issues that are not completely rectified.

Collaborative case

Establishing a provincial case coordination and command center to improve the effectiveness of public interest litigation

2019 5 月,一条群众举报让富县检察院检察长胡永富赶紧前往现场调查取证,路上,他联系了当地环境主管部门,要求排查涉事河段,寻找污染源。 "The water in the 15th section of the Beiluohe River has turned black and is flowing downstream." In May 2019 , a mass report made Hu Yongfu, the inspector general of the Fuxian Procuratorate, rush to the scene to investigate and obtain evidence. Investigate the affected river sections and find sources of pollution. 5 26 日,华北油气分公司延能联合作业部一钻井队将约 35 吨的钻井废液倾倒入富县境内的北洛河,造成长约 6 公里水体污染。 It turned out that on May 26 , a drilling team of the Yanneng Joint Operations Department of the North China Oil and Gas Branch dumped about 35 tons of drilling waste fluid into the Beiluo River in Fuxian County, causing pollution of about 6 kilometers of water.

After the incident, the provincial-level third-level procuratorates in Shaanxi Province immediately linked up and down to investigate and obtain evidence in accordance with the integrated case handling mechanism. 2019 6 4 日以民事公益诉讼案件立案,向延安市政府发出检察建议书,督促市政府行使生态环境损害赔偿权利。 The Yan'an People's Procuratorate filed a civil public interest lawsuit on June 4 , 2019 , and issued a procuratorial proposal to the Yan'an Municipal Government to urge the Municipal Government to exercise its right to compensation for environmental damage. 20 日,涉事企业签订了生态环境损害赔偿协议,并缴纳了 462 万元赔偿金及修复金。 On August 20 , the companies involved signed an agreement for compensation for damage to the ecological environment, and paid RMB 4.62 million in compensation and repair money.

6 个办案组,对全省 2000 余件公益诉讼案件线索进行现场指导分析,提升公益诉讼办案效果。 In recent years, Shaanxi procuratorial organs have implemented specialized guidance in different fields, set up six case handling teams including environment, resources, food and medicine, state-owned property, heroic protection, and incidental civil lawsuits to provide on-site guidance for more than 2,000 public interest litigation cases in the province. Analysis to improve the effectiveness of public interest litigation.

"The Shaanxi Procuratorate exerted its professional advantages to set up the Provincial Procuratorate's Public Interest Litigation Case Coordination and Command Center to strengthen guidance and supervision of major difficult or slow-moving cases, achieving internal integration of chess and up and down." Zhang Hongde, director of the eighth procuratorate of the Shaanxi Procuratorate Introduction.

"Protecting the Yellow River is related to the great rejuvenation of the Chinese nation. Shaanxi's procuratorial organs will continue to deepen and improve the function of public interest litigation, escorting green mountains and green mountains, and ensuring that the Yellow River becomes a happy river that will always benefit Chinese descendants." Shaanxi Provincial Procuratorate Party Group Secretary and Prosecutor Chang Yanglei said.

Source: People's Daily

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