After the water level in the flood season, the trees will inevitably cause the slowdown of the discharge rate and the rise of the water level, and accelerate the erosion of the embankment by the flowing water, increasing the risk of the embankment. Recently, the Xiantao City Procuratorate, together with the Municipal Water Conservancy and Lake Bureau and the river management department, conducted a "retrospective" review of the rectification of the illegal planting of poplars on the Dongjing River Bund. After on-site inspection, the relevant administrative organs have fully implemented the management of the Dongjing River in accordance with the law, and the river protection has achieved good results.
In July this year, the public interest litigation department of the Xiantao Municipal Procuratorate relied on the prosecutor's office for comprehensive river basin management set up by the Municipal Water Conservancy and Lake Bureau to find clues about the case of large-scale planting of trees on the bund of some embankments of the Dongjing River in the city, which affected the safety of river flooding. After on-site investigation by the public interest litigation team, it was found that there were more than 12,000 poplar trees planted by villagers on the beach in the Dongjing River section, which had hidden dangers affecting flood safety.
Poplar trees are deciduous trees, which will derive a large amount of floating debris during the flood season, and there are fire hazards in winter, and the "Regulations of the People's Republic of China on River Management" clearly stipulate that it is forbidden to plant tall crops and trees within the river management area. After fixing the evidence, the court promptly issued three procuratorial recommendations to the relevant administrative units in August this year, urging them to strengthen the safety protection of the river and clean up the poplars planted on the river's bunds in a timely manner.
In order to ensure the effectiveness of the rectification, the court also relied on the working mechanism of "river and lake chief + procurator general" to go to the suggested unit for discussion and consultation with the heads of relevant departments, and urged the administrative organs to rectify the illegal planting of poplar on the Bund of the Dongjing River, and at the same time communicated with relevant growers to explain the harm of planting poplar to them and strive for their understanding and support.
After receiving the procuratorial proposal, the relevant administrative units attach great importance to it, and begin to arrange personnel and equipment to enter the site to clean up the trees in the river.
In the process of handling the case, the public interest litigation team learned that due to the lack of administrative supervision and inadequate publicity work, growers did not understand the relevant laws and regulations, resulting in widespread illegal situations.
Considering that the effect of procuratorial suggestions formulated and issued on a case-by-case basis is limited, it is better to formulate and issue procuratorial recommendations on social governance for similar cases, so that the effect of procuratorial suggestions can be brought into full play and the transformation from "post-event supervision" to "early prevention" can be realized. After the "retrospective" is over, the public interest litigation case-handling team is to lawfully formulate and issue procuratorial recommendations on social governance to the relevant administrative units, promoting the handling of one case and the governance of one area.
In the next step, the court will perform its public interest litigation procuratorial duties in accordance with the unified deployment of the city's special law enforcement actions for the safety protection of rivers and lakes, promote the transformation of procuratorial suggestions from "handling" to "handling", and promote the comprehensive management of the river basin with real procuratorial duties.
*丨Xiantao City Procuratorate's official WeChat.
Author丨Li Shuangshuang.
Editor丨Wu Xuemin.
Audit丨Dai Xiaowei Cai Xin.