The public interest litigation on the road safety around the city's campuses has solved the people's 'urgency, hardship and hope', and has done it in the hearts of the masses, and the topic has won the support of the people. A few days ago, the Ichuan Municipal Procuratorate held a hearing on a series of public interest litigation cases on road safety around the campus, and Li Wei, head of the Policy, Regulation, and Administrative Examination and Approval Unit of the Municipal Emergency Management Bureau, expressed his comments as a hearing officer.
The purpose of this hearing is to test the effectiveness of comprehensive management of road safety around the campus, and focus on the division of responsibilities of relevant departments related to road safety around the campus. Hearings like this are particularly common in this year's special activities for comprehensive river basin management.
Since January 2020, when the Supreme People's Procuratorate deployed the procuratorial hearing work at the National Conference of Procurators General, the Icheon Municipal Procuratorate has firmly grasped the value and function of procuratorial hearings, highlighted the effect orientation, and solidly promoted the procuratorial hearing work in the spirit of "seeking the ultimate". Since the beginning of this year, the procuratorate has organized a total of 248 hearings, so as to achieve "all the evidence that should be heard" and achieve full coverage of the "four major procuratorates".
Listen to everything
Promote justice through openness
Procuratorial hearings, as a procuratorial system that practices 'sunshine justice', must ensure that more stakeholders can participate, so that all the 'four major procuratorates' are fully covered, and the fields involved are as wide as possible. Huang Dan, a member of the party group and deputy procurator general of the court, demanded when deploying the procuratorial hearings.
In order to involve litigation stakeholders, the court provides an open and fair platform for parties to express their demands, and requires the case-handling department to send the case to the Sixth Procuratorate Department for review at least three days in advance for the case to be held, analyze the type and necessity of the hearing case, and not handle a "make-up" case. When the Sixth Procuratorate Department invites hearing officers, it invites hearing officers in a targeted manner according to the specific circumstances of the case to protect the relevant rights of the parties.
Invite the "two committees" of the criminal suspect's village (community) to participate in the hearing.
At the same time, on the basis of the relevant circumstances of the hearing case, the court draws on the opinions of different participants in the case, especially the wisdom of experts and scholars, to create conditions for better handling the case and to enhance the confidence in handling the case in accordance with the law for the final objective and fair procuratorial decision.
Variety of forms
Make hearings more accessible to the people
Since the launch of the procuratorial hearings, the Icheon Municipal Procuratorate has combined the hearing work with the practice of "procuratorial work for the people", explored flexible and diverse modes of hearing and review, combined with the characteristics of the case, and "moved" the hearing scene to the place where the crime occurred, the village (resident) committee, the factory, the villagers' homes and other places, and resolved the contradictions at the "doorstep" through door-to-door hearings.
In April this year, Zhou Xiaowei, secretary of the party group and procurator general of the hospital, found that some ancient tea trees were in disrepair due to unmanaged protection, and many of them had rusted and fallen off. To this end, the court initiated an investigation procedure, discovered clues in administrative public interest litigation and filed a case, urging the relevant administrative organs to perform their duties.
Subsequently, the court held a hearing in the ancient Shuye tea garden in Hujiatang Village, Zhonglu Town, Lichuan City, and invited people's congress deputies, CPPCC members, and people's supervisors to conduct hearings and comments on the performance of duties by administrative organs.
It is the responsibility of all of us to keep the 'living antiques' and protect the 'rich leaves', and the procuratorate will hold a hearing in the tea garden, which is not only a hearing, but also a law popularization activity, so that the villagers can form a sense of protection of ancient tea trees. Yu Shuai, one of the people's supervisors of the hearing, said.
In addition to the "door-to-door hearing", the court is actively exploring online live hearings, such as comprehensive river basin management, food and drug safety and other cases, through online live hearings, and actively accept external supervision. Through the questions of the hearing officer, the replies and responses of the relevant units or parties, the hearing officers will then express their opinions and respond to the issues that the masses are concerned about one by one, which not only provides intellectual support for the handling of difficult and complex cases, but also builds a bridge between the masses and the procuratorial organs, effectively eliminating the doubts of the parties and the public about judicial case handling, and enhancing the credibility of the procuratorate.
Explain the law and reason
Make sure that disputes are settled
Since the beginning of the public hearings, the procuratorate has applied the hearings to the entire process of handling cases, presenting facts, adducing evidence, and explaining the law and reasoning through the hearings, and to resolve disputes and end disputes through hearings, especially cases where the functions and responsibilities of administrative organs overlap.
The administrative public interest litigation case of "Yuanbao Gas Point" handled by the court with potential safety hazards failed to be rectified due to the adjustment of institutional reform functions, the abolition of relevant laws and regulations, and the lack of clarity of supervision and management responsibilities. The court organized public hearings, let the relevant administrative organs explain their respective responsibilities, and invited the leaders in charge of the relevant municipal **, the person in charge of the compilation office, and experts in relevant fields to serve as hearing officers.
The five hearing officers asked specific questions and seriously discussed with the relevant administrative organs one by one around the key points of controversy such as the comprehensive supervision and management responsibilities in the field of production safety, the responsibilities of industry supervision, and the division of hazardous chemicals, and formed a unanimous hearing opinion, identified who was responsible for the rectification, and the relevant administrative units also recognized the hearing officer's opinion.
In civil and administrative procuratorial supervision activities, especially in administrative dispute cases with a long time span and a large number of units involved, the parties involved in the case have greater disputes over the determination of facts and the admissibility of evidence, resulting in the failure to resolve the problem. Through public hearings, the power of social supervision can be leveraged to fully protect the rights to know, participate and supervise of the disadvantaged masses with more fair, just and open case-handling procedures, and promote the substantive resolution of administrative disputes. In April this year, a nine-year-long administrative dispute case handled by the court was finally resolved substantively through hearings to clarify the responsibilities of all parties and clarify the division of labor.
Focus on what's hot
Respond to the concerns of the masses
Focusing on cases related to the vital interests of the people or of widespread concern to the people, such as comprehensive river basin management, optimization of the business environment, food and drug safety, and public welfare, the court regards people's supervisors and procuratorial hearings as an important starting point for resolving social contradictions, promoting social governance, and implementing justice for the people.
Organize public hearings for cases of illegal felling of trees in nature reserves and civil public interest litigation attached to criminal cases handled by Tang XX, invite people's supervisors, people's congress deputies, forestry departments, experts and scholars and other personnel to hear evidence, and actively perform their duties in accordance with the law through public hearings at the scene of the crime, giving full play to the procuratorial function of public interest litigation, not only cracking down on crimes that damage ecological and environmental resources, but also promoting ecological restoration, maintaining ecological security, and protecting green mountains and rivers with practical actions from the perspective of taking into account legal reasoning and reason, and using methods such as openness and transparency and saving judicial costs.
So far, the court has carried out public hearings on the above-mentioned types of cases, and so far, there have been 91 public hearings on comprehensive river basin management, 38 on optimizing the business environment, and 8 on food and drug safety.
*丨The official WeChat of the Icheon City Procuratorate.
Author丨Chen Xiaoling.
Editor丨Wu Xuemin.
Audit丨Dai Xiaowei Cai Xin.