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Provincial Procuratorate held a press conference on "Shaanxi Provincial Procuratorial Organs Promote Public Interest Litigation Work on Ecological Protection of the Yellow River and Yangtze River Basin (Shaanxi Section)"

Release time: January 14, 2020

1 13 日下午,陕西省人民检察院召开“陕西省检察机关开展黄河、长江流域(陕西段)生态环境保护公益诉讼工作”新闻发布会。 On the afternoon of January 13 , 2020 , the Shaanxi Provincial People's Procuratorate held a press conference on "Shaanxi Provincial Procuratorial Organs Promoting Public Interest Litigation Work on Ecological Protection of the Yellow River and the Yangtze River Basin (Shaanxi Section)". ( 陕西段 ) 生态环境保护公益诉讼工作的基本情况,介绍了陕西省人民检察院制定出台《关于发挥检察公益诉讼职能推进黄河、长江流域 ( 陕西段 ) 生态环境治理的指导意见 ( 试行 ) ( 下称《指导意见》 ) 的有关情况,发布了 5 起典型案例。 Ge Di, Deputy Secretary of the Party Leadership Group and Deputy Prosecutor General of the People's Procuratorate of Shaanxi Province, briefed the media on the basic situation of the Shaanxi Provincial Procuratorate's public interest litigation work on ecological protection of the Yellow River and the Yangtze River Basin ( Shaanxi section ) . Regarding the relevant situation of the Guiding Opinions on Promoting the Eco-environment Governance of the Yellow River and the Yangtze River Basin ( Shaanxi Section ) ( Provisional Implementation ) ( hereinafter referred to as the "Guiding Opinions" ) , five typical cases were released . Xu Tong, a member of the party group of Shaanxi Provincial People's Procuratorate and director of the Political Department, presided over the press conference. Feng Yucai, the second inspector of Shaanxi Provincial People's Procuratorate, attended the meeting.

Ge Di, Deputy Party Secretary and Deputy Prosecutor General of Shaanxi Provincial People's Procuratorate

General Secretary Xi Jinping pointed out: "The Yangtze River and the Yellow River are both the birthplace of the Chinese nation and the cradle of the Chinese nation." Shaanxi Province is one of the main provinces along the Yellow River. At the same time, the southern Shaanxi region is an important water conservation area for the Yangtze River Basin and the South-to-North Water Transfer Project. Carrying out the ecological environmental protection work of the Yellow River and the Yangtze River Basin (Shaanxi section) is good for the ecological environment of our province and even the whole country. Are of great significance. The procuratorial organs of Shaanxi Province have always practiced the concept of “green mountains and green mountains are golden mountains and silver mountains”. They have focused on protecting the ecological environment of the Yellow River and the Yangtze River Basin (Shaanxi section) as the focus of public interest litigation and actively exerted their procuratorial functions to promote the construction of beautiful Shaanxi. The first is to layout around the center. In recent years, the Shaanxi Provincial People's Procuratorate has held a number of provincial promotion conferences to deploy public interest litigations for ecological environmental protection. 2019 年全省公益诉讼工作推进会上,省委常委、省委政法委书记庄长兴对黄河、长河流域(陕西段)生态环境保护工作提出了明确要求。 At the Provincial Public Interest Litigation Work Promotion Conference in 2019 , Zhuang Changxing, member of the Standing Committee of the Provincial Party Committee and Secretary of the Political and Legal Committee of the Provincial Party Committee, made clear requirements for the ecological protection of the Yellow River and the Changhe River Basin (Shaanxi section). The second is to establish a sound long-term mechanism. 10 个地市党委、政府出台进一步支持检察机关提起公益诉讼工作的意见,形成保护公益的合力;与省政府联合印发了《关于建立联动机制打好污染防治攻坚战的通知》,建立信息共享、重大情况通报等制度。 Shaanxi Provincial People's Procuratorate has promoted the opinions of 10 prefectural and municipal party committees and governments to further support the procuratorate's work in public interest litigation to form a joint force to protect public welfare; jointly issued with the Provincial Government the "Notice on Establishing a Linkage Mechanism to Fight Pollution Prevention and Control" Establish systems for information sharing and notification of major situations. The third is the overall situation of special supervision services. The Shaanxi Provincial Procuratorate has continued to carry out special supervision activities to protect the ecological environment of important wetlands in Shaanxi, including the Yellow River. 年,陕西省人民检察院与省水利厅联合开展了“携手清四乱 保护母亲河”专项行动,并将专项行动从黄河流域延伸至我省长江流域,实现全省河湖全覆盖。 In 2019 , the Shaanxi Provincial People's Procuratorate and the Provincial Department of Water Resources jointly launched the special operation "Protecting the Mother River in Chaos and Chaos " and extended the special operation from the Yellow River Basin to the Yangtze River Basin of our province to achieve full coverage of the province's rivers and lakes. Fourth, regional cooperation and common protection. 8 月,陕西省人民检察院与甘肃省人民检察院联合发起了保护黄河生态环境倡议,黄河流经的其他 7 个省的省级人民检察院积极响应;汉中市人民检察院与四川省广元市人民检察院、宝鸡市人民检察院与甘肃省陇南市人民检察院联合开展了嘉陵江流域生态环境保护工作;商洛市、安康市人民检察院与湖北省十堰市、河南省南阳市人民检察院联合开展了汉江生态环境和南水北调水源地保护工作。 In August 2018 , the People's Procuratorate of Shaanxi Province and the People's Procuratorate of Gansu Province jointly launched an initiative to protect the ecological environment of the Yellow River. The Provincial People's Procuratorates of the other 7 provinces through which the Yellow River passed actively responded; the People's Procuratorate of Hanzhong City and the People's Procuratorate of Guangyuan City, Sichuan Province The People's Procuratorate of Baoji City and the People's Procuratorate of Longnan City of Gansu Province jointly carried out ecological environmental protection work in the Jialing River Basin; the people's procuratorate of Shangluo City, Ankang City and Shiyan City of Hubei Province and the People's Procuratorate of Nanyang City of Henan Province jointly carried out the ecological environment of the Han River and the water source for the South-to-North Water Diversion Ground protection work. Fifth, achieve win-win results by handling cases according to law. 95% 以上的检察建议被行政机关采纳,实现了双赢多赢共赢的办案效果。 Give full play to the role of procuratorial recommendations, and explore ways to promote administrative agencies to perform their duties in accordance with the law and effectively safeguard public welfare through round tables, procuratorial interviews, and public announcements. More than 95% of procuratorial recommendations have been adopted by administrative agencies to achieve a win-win situation. Win case handling effect. If the administrative organs still fail to perform their duties in accordance with the law after the procuratorate's recommendations have been issued, a public interest lawsuit is filed in accordance with the law, and the rigid means of litigation are used to ensure that the procuratorial recommendations are implemented. 2019 12 月,全省检察机关办理黄河、长江流域(陕西段)生态环境保护公益诉讼案件 1942 件,其中发出检察建议 1900 件,起诉 26 件,取得了良好的社会效果和法律效果。 As of December 2019 , the province's procuratorial organs handled 1,942 cases of public interest lawsuits for environmental protection in the Yellow River and the Yangtze River Basin (Shaanxi section) , of which 1,900 prosecution recommendations were issued , and 26 cases were prosecuted , achieving good social and legal effects.

Xu Tong, Member of the Party Group and Director of the Political Department of the People's Procuratorate of Shaanxi Province

In order to further implement Xi Jinping's thoughts on ecological civilization, Shaanxi Provincial People's Procuratorate carefully summarized its work experience, followed the basic principles of ecological environmental protection laws and regulations, accurately grasped the constitutional positioning of legal supervision by procuratorial organs, and formulated the "Guiding Opinions" to protect the Yellow River, Shaanxi Provincial Procuratorate and Supervision Plan for Ecological Environment of the Yangtze River. ( 陕西段 ) 生态环境保护工作作了明确规范和全面细化。 The Guiding Opinions clearly regulates and comprehensively elaborates the environmental protection work of the Yellow River and the Yangtze River Basin ( Shaanxi section ) by the procuratorial organs from ten aspects including the guiding ideology, the principles of supervision, the scope and focus of supervision, and the methods of supervision . 4 25 种违法行为作为监督重点,重点监督公民、法人破坏黄河、长江流域 ( 陕西段 ) 水域生态环境的违法行为以及行政机关违法行使职权或者不作为致使黄河、长江流域 ( 陕西段 ) 水域生态环境受到侵害的行为。 In terms of supervision, the Guiding Opinions propose that 25 types of illegal activities, such as water resources protection and river flood safety protection, should be used as the supervision focus, and the supervision of citizens and legal persons to destroy the ecological environment of the Yellow River and the Yangtze River Basin ( Shaanxi section ) should be focused. Illegal acts and administrative organs' illegal exercise of their powers or omissions have caused the ecological environment of the Yellow River and the Yangtze River Basin ( Shaanxi section ) to be violated. In terms of supervision, the Guiding Opinions pointed out that the province's procuratorial organs should handle cases in accordance with law through procuratorial suggestions, filing lawsuits, supporting prosecutions, and urging prosecutions. For the general administrative supervision loopholes found, you can issue social governance procuratorial suggestions to relevant administrative organs; for the found clues of violations of laws and disciplines, transfer them to the disciplinary inspection and supervision organs or public security organs according to law; form reports on major, prominent, and general issues found Report to the party committee and use a variety of methods to maintain public welfare. For the handling of cross-regional cases, the Guiding Opinions propose the need to strengthen cooperation between procuratorial agencies, establish a cross-regional case information sharing mechanism, and establish a mechanism for consultation and joint handling of ecological environmental protection cases in the Yellow River and the Yangtze River Basin (Shaanxi section). The Guiding Opinions provide important guidelines for the province's procuratorial organs to perform their duties in accordance with the law, handle the environmental protection public interest litigation cases in the Yellow River and the Yangtze River Basin (Shaanxi section), and make institutional arrangements for the procuratorial organs to protect green water and green mountains through public interest litigation.

5 起具有指导意义的典型案例予以发布。 Shaanxi Provincial People's Procuratorate has also made full use of the role of typical cases in business guidance and improving the quality of case handling. Based on the field of the case and the effectiveness of case handling, five cases of typical cases with guiding significance have been selected for publication. 3 起,长江流域(陕西段)生态环境保护公益诉讼案件 2 起,涉及污染河流、行洪安全、水土保持、生态环境损害赔偿等多个方面。 Among them, there are 3 public interest lawsuits for ecological environmental protection in the Yellow River Basin (Shaanxi section) , and 2 public interest lawsuits for ecological environmental protection in the Yangtze River Basin (Shaanxi section) , involving multiple pollution of rivers, flood safety, soil and water conservation, and compensation for ecological and environmental damage. aspect.

Next, the Shaanxi Provincial Procuratorate will earnestly implement the spirit of the 19th National Congress of the CPC and the 2nd, 3rd and 4th Plenary Sessions of the 19th CPC Central Committee, implement the deployment of the Central, Provincial Party Committee and the High Procuratorate, strictly enforce the law, and continuously improve its ability to perform duties Actively accept social supervision, actively respond to the people's concerns, and use the Guiding Opinions as a guide to further increase case handling efforts to promote high-quality and efficient public interest litigation work to promote environmental protection in the Yellow River and the Yangtze River Basin (Shaanxi section) and catch up with our province Go beyond making new and greater contributions.

编辑:王瑾) (Contributed by the 8th Procuratorate of Shaanxi Provincial People's Procuratorate : Wang Jin)



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