"Now, wheelchair people like me can also 'walk' freely in the community. Recently, Liu Xi (pseudonym), who lives in Sutang Community, Xinjuyuan Community, Tongsheng Street, Yuhua District, Changsha City, Hunan Province, sat in an electric wheelchair and took the elevator downstairs alone, walked through the downhill of the unit door, and smoothly came to the newly opened elderly canteen in the community.
The barrier-free environment renovation is just a microcosm of the comprehensive renovation of Sutang community. On October 25 this year, when the prosecutor and other staff accepted the rectification effect on the spot, Gong Kun, secretary of the Party branch of the Xinjuyuan community, told reporters about the new facilities in the Sutang community: "The hook-arm garbage station, electric car shed, fire control room, canteen for the elderly, barrier-free ramps, etc., were all added during the comprehensive renovation period, which greatly facilitated the life and travel of the people in the community." ”
Public rental housing is an important part of China's housing security system and an important guarantee for the housing rights of low- and middle-income groups in urban areas. Li Hongyi, a representative of the Changsha Municipal People's Congress, said that the Sutang community is a public rental community, and in the administrative public interest litigation case of the comprehensive rectification of the Sutang community, the procuratorate used the power of the rule of law to promote the concerted efforts of the relevant administrative organs to promote the implementation of the policy of benefiting the people, and to ensure that special groups "have a place to live, a safe place to live, and a weak person to help".
Origin
One representative's recommendation was brought to the attention of the Prosecutor
In August 2022, when sorting out the recommendations of the 2022 Changsha Municipal People's Congress deputies, a proposal on improving the social governance and service level of Changsha's public rental housing community attracted the attention of the prosecutor of the Changsha Municipal Procuratorate.
It was Li Hongyi who made this suggestion. Li Hongyi said: "Sutang Community is the largest public rental community in Hunan Province, and low-income and other people live in a concentrated manner, and if it is not properly managed, it is easy to form a 'poverty agglomeration'. There are many elderly people in the community, especially the elderly who live alone, who cannot take care of themselves, and eating is also a big problem, so it is urgent to establish a canteen for the elderly and improve the level of community home care services to provide catering services and day care for the elderlyThe elevator and barrier-free toilet in the community are unreasonable, resulting in inconvenient travel for the elderly in wheelchairs and unable to enjoy community resources normallyThe community is in disrepair, and the exterior wall is falling off, which greatly affects the lives of residents, and the transformation of hardware facilities is imminent. The community alone cannot solve the above problems, and we ask the higher authorities to give preference in terms of policies and funds. ”
What is the scene of Sutang community?The Changsha Municipal Procuratorate and the Yuhua District Procuratorate immediately took the initiative to contact Li Hongyi and conducted on-site visits and investigations many times.
The prosecutor visited the property company of Sutang Community to understand the situation.
As the largest public rental community in Hunan Province, Sutang Community was completed in three phases and delivered in 2010, 2014 and 2017, including a total of 6,161 sets of public rental housing and low-rent housing, with more than 5,000 households and a population of more than 10,000 people. Among them, there are more than 1,600 low-income households, 368 people with disabilities, and 2,415 people over 60 years old.
Seeing the prosecutor, residents of Sutang Community said: "The garbage station next to us is often not cleared in time, and the garbage cans have not been cleaned for several days, which has a very strong smell and affects daily life." "Many car owners in the community park their private cars indiscriminately and often block the road. "We have to go to work, the elderly have no one to take care of them at home, and we are all worried. "The elevator entrance of our unit is full of electric cars, making it difficult to get around. "The floor tiles at the door are loose, and it is very inconvenient for the elderly to go out to buy vegetables on rainy days," ......
Through on-site visits and investigations, the prosecutor found that there are still many problems in the management of Sutang community, such as flying wire charging, lack of fire-fighting facilities, occupied fire truck passages, illegal use of bottled gas or expired bottled gas canisters in some catering establishments, and secondary water supply does not meet safety standards.
The residents of the community are from Furong District, Tianxin District, Yuhua District and Kaifu District of Changsha City. The population of the whole community is seriously aging, and the vast majority of them belong to low-income families, and their lives are relatively difficult, and the elderly who live alone, are seriously ill, disabled, and disabled. The prosecutor told reporters that before the rectification, the Sutang community did not establish barrier-free elevators, nor did it set up barrier-free parking spaces, and the existing home care service centers could not provide day care and other services, and did not meet the daily life needs of special groups such as the elderly in the community.
Residents of the community have a greater call for solving the above problems, and Changsha 12345 government affairs ** also often receive complaints about problems related to Sutang community.
Propulsion
We have held many consultations and focused on overcoming rectification problems
Under the guidance of the Hunan Provincial Procuratorate, the Changsha City Procuratorate set up a special case group on the issue of the Sutang community, headed by Liao Yaoqun, deputy chief procurator of the Changsha City Procuratorate, and selected outstanding procurators from the grassroots procuratorates to join. After clarifying the responsibilities of relevant units such as social governance and operation management, the task force classified the above issues and carried out targeted investigation and research. Subsequently, the Changsha Municipal Procuratorate and the Yuhua District Procuratorate filed 15 administrative public interest lawsuits against administrative organs at different levels and in different fields, focusing on promoting the comprehensive renovation of Sutang Community.
After the case was filed, the Changsha Municipal Procuratorate and the Yuhua District Procuratorate visited a number of administrative organs and operating enterprises, Changfang Group, one by one to understand their rectification difficulties. Changfang Group said that the rent of public rental communities is low and often cannot be collected, resulting in daily maintenance cannot be maintained, let alone the renewal of fire protection facilities and the maintenance of houses. The relevant administrative authorities said that the tenants of the Sutang community belong to multiple regions, and there is no relevant funds allocated to the community**, and the local financial department cannot afford it.
The problems related to special funds made it difficult for the task force. Can the policy of "renovation of old communities" solve the package of problems in Sutang community?The task force immediately contacted the Changsha Municipal Bureau of Urban Human Settlements and Environment, and learned that the three-year action plan for improving the quality of the community issued by Changsha City was aimed at the existing community built between 2000 and 2015 and the property maintenance funds had been collected, and the Sutang community did not meet the conditions of the action plan and could not be included in the quality improvement plan.
On November 23, 2022, the Hunan Provincial Procuratorate, the Changsha Municipal Procuratorate, and the Yuhua District Procuratorate organized the first consultation meeting on the administrative public interest litigation case of the comprehensive renovation of Sutang Community, which was attended by the Changsha Municipal Housing and Urban-Rural Development Bureau, the Civil Affairs Bureau, the Municipal Disabled Persons' Federation, Changfang Group, Tongsheng Sub-district Office, Xinjuyuan Community and other parties, and invited Li Hongyi to supervise the consultation process on site. All parties discussed issues such as the quality improvement and renovation of the home-based elderly care service center in Sutang community and the construction of a barrier-free environment, and finally accepted the remediation task according to the scope of their responsibilities.
After the consultation, the Yuhua District Procuratorate successively issued procuratorial suggestions to the Yuhua District Housing and Urban-Rural Development Bureau, the Health Bureau, the Urban Management Bureau, the Civil Affairs Bureau and the Tongsheng Sub-district Office on eight types of issues, including secondary water supply, gas, fire protection, barrier-free environment and elderly care, and suggested that the relevant functional departments perform their duties in accordance with the law and work together to solve the above problems.
However, in the process of follow-up supervision, the procuratorate found that the renovation of home-based elderly care service centers, the construction of barrier-free environments, and the rectification of fire-fighting facilities were slow. "The main reason is that it is difficult to carry out the rectification work. The relevant unit said, "In particular, there are no mandatory provisions for home care service sites such as canteens for the elderly, and there is no venue for use." ”
Subsequently, the Hunan Provincial Procuratorate held several case analysis meetings, organized a special class of leading talents in public interest litigation in the province, and formulated 10 normative guidelines for the handling of public interest litigation cases for the comprehensive management of public rental housing, clarifying the regulatory responsibilities of relevant functional departments, and highlighting the standardization and accuracy of case handling. Yao Hong, director of the Eighth Procuratorate Department of the Hunan Provincial Procuratorate, told reporters that in the production of normative guidelines, the prosecutor found the mandatory provisions of home care services, that is, the Ministry of Civil Affairs issued the "Implementation Opinions on Further Expanding the Supply of Elderly Care Services and Promoting the Consumption of Elderly Care Services" and "Changsha City Home Care Service Regulations" and other documents, these documents clearly stipulate that there is no home care service housing in the completed residential area or the home care service housing does not meet the planning requirements and construction standards, the district and county (city) ** It shall be allocated in accordance with the standard of not less than 20 square meters per 100 households in terms of construction area, through new construction, reconstruction, purchase, replacement, leasing, etc.
The location of the canteen for the elderly is also a problem. Changsha Municipal Procuratorate, Yuhua District Procuratorate and Yuhua District, Housing and Urban-Rural Development Department, Tongsheng Street Office, Xinjuyuan Community, Changfang Group, etc. have conducted field investigations and site selection demonstrations for many times, and finally determined that the Xinjuyuan Community will overcome the difficulties and plan the original service hall on the first floor as a canteen for the elderly, upgrade the existing home-based elderly care service center on the second floor, and install a barrier-free elevator in the northeast corner of the building.
The policy and venue problems have been solved, and the next step is to overcome the funding problem. In order to smooth the channels of funds, the Changsha Municipal Procuratorate and the Yuhua District Procuratorate organized a total of 3 consultations in February, March and May this year, and invited the Changsha Municipal Finance Bureau and Yuhua District to participate. After that, the civil affairs line, the disabled persons' federation line, and the housing and construction line through the two-level linkage of the urban area, increased the policy tilt, smoothed the application channels, accelerated the approval, and opened up a "green channel" for the renovation of the Sutang community.
Since then, the construction of fire protection, barrier-free environment and home care services in Sutang community has begun to be in full swing.
Breakthrough
Collaborative co-governance, "I manage" to promote "all management".
During the period of comprehensive rectification, the procuratorial organs went to the Sutang community many times to track and supervise the progress of the project. Changfang Group, Disabled Persons' Federation, Civil Affairs, Housing and Urban-Rural Development, Street Office and other units have worked together to actively perform their duties, adding 5 electric vehicle sheds and more than 280 electric vehicle parking spaces for Sutang Community, building a new hook-arm garbage station, and building a new canteen for the elderly and barrier-free elevators in the home care service center.
The procurator followed up and supervised the renovation of the garbage station in Sutang Community.
On October 25 this year, the hearing and symposium on the rectification and acceptance of the administrative public interest litigation case of the comprehensive management of Sutang community was held in the Xinjuyuan community, and seven people from different industries, including Yin Cuiping, a representative of the National People's Congress, and Jin Xiao, a representative of the Hunan Provincial People's Congress, were invited to serve as hearing officers. The people's supervisors of the Changsha Municipal Procuratorate supervised the entire hearing, and representatives of relevant administrative departments and residents attended the meeting.
The Hunan Provincial Procuratorate held a hearing on the administrative public interest litigation case of the comprehensive renovation of the Sutang community.
After the participants inspected the governance site on the spot, they listened to the introduction of the case handling, the performance report of the functional department and the opinions of the residents' representatives. Xia Mingfang, a resident representative, said emotionally: "These are the beautiful home environment built for us by the party and the community, and they are the care for our residents, so that we can live in peace in the public rental community." ”
After discussion, hearing and deliberation, the representative of the hearing officer issued a hearing opinion: "Through this procuratorial public interest litigation, the level of grassroots governance has been significantly improved, especially after the procuratorial organ put forward procuratorial suggestions on barrier-free facilities, garbage stations and other issues, the administrative organs have actively and effectively rectified and implemented. We unanimously agreed that the rectification had met the criteria for closing the case. ”
In view of the many problems existing in such a small society as a public rental community, the procuratorial organs will carefully classify the comprehensive management problems, and summarize 8 types of problems, such as fire safety, domestic garbage stacking and transfer, secondary water supply safety hazards, bottled gas safety hazards, backward barrier-free environment construction, and home care services that cannot meet the needs. Yu Xiangwen, chief prosecutor of the Changsha Municipal Procuratorate, introduced.
The will of the people is the biggest politics. The handling of this case has changed the old appearance of the largest public rental housing community in Hunan Province, protected the well-being of the people, and achieved good political, social and legal effects, fully demonstrating the procuratorial organs' feelings and responsibilities in performing their duties with high quality and efficiency. Tang Zhiyuan, chairman of the Supervision and Judicial Committee of the Changsha Municipal People's Congress, said.
Experts say
"Small incisions, big governance".
It is necessary to ensure the deep integration of people's congress supervision and procuratorial supervision
In my opinion, the administrative public interest litigation case of the comprehensive rectification of the Sutang community presents three characteristics: First, it has successfully realized the effective integration of people's congress supervision and procuratorial supervision. In the process of handling cases, through the two-way connection and transformation mechanism between the suggestions of the people's congress deputies and the procuratorial suggestions of public interest litigation, the procuratorial organs have achieved the integrated advancement of the performance of duties by deputies and the performance of duties by procuratorial organs, and promoted the implementation of people's congress deputies' suggestions and the effective resolution of problems through the case-based handling of procuratorial public interest litigation. Second, it fully embodies the purpose of justice for the people. Procuratorial organs shoulder the duties and missions of "public interest representatives", actively perform their duties in accordance with the law, actively participate in the comprehensive governance of society, protect the lawful rights and interests of special groups, and serve as the "guardians" of the people's good life. Third, it fully embodies the advantages and practical results of the integrated handling of cases by the procuratorial organs. **The procuratorial organs have risen to the challenge and overcome difficulties, urged administrative organs at all levels to perform their duties in coordination and form a joint force, promoted the comprehensive management and systematic governance of public rental communities, interpreted the value pursuit of "handling every case with high quality and efficiency" with practical actions, and explored a new path to promote the modernization of grassroots governance with "small incision and big governance", which has promotion value and replicable practical significance.
The author is Qiu Shuaiping, president of the Case Law Research Association of Hunan Law Society
*:Procuratorate** Public Welfare Weekly Author: Zhang Yinfeng, Liu Liping, Wang Yingjie).