The small street is paved with bluestone slabs, and on both sides of the stone road are well-preserved old houses, and many handicraft workshops ...... are preserved in the old streetsThe water of the Li River is long, and the thousand-year-old town is new. Located in the middle reaches of the Baili River, Daxu Town, Lingchuan County, Guangxi Zhuang Autonomous Region, is a famous historical and cultural town in China and a key town for rural tourism in China.
In recent years, the Daxu Court has adhered to the concept of active justice, continuously innovated and developed the "Fengqiao Experience" in the new era, strengthened the governance of litigation sources and the resolution of social contradictions, and provided a strong judicial guarantee for serving the ecological protection of the Lijiang River, grassroots social governance, and the management of the source of disputes.
The "three initiatives" and "three speeds" of judicial services
Is it the Daxu Court?The 12345 government service platform has received a complaint about a tourism dispute, and we want to seek legal help. "On May 6, 2023, Judge Qin Lupeng of the Daxu Court received a request for help from the Lingchuan County Bureau of Culture, Radio, Television, Sports and Tourism, and immediately went to the Daxu Town Conflict and Dispute Mediation Center to carry out pre-litigation conflict and dispute resolution work.
Originally, located on the bank of the Chaotian River in Daxu Town, there is an ancient village of traditional culture and art of the Li River - Dongli Ancient Village. When tourist Wang was playing in the scenic area of Dongli Ancient Village, he put the child on a bamboo raft to take pictures, and then the child accidentally fell into the water. Because of his foot injury, Wang was inconvenient to go down to the river to save the child, so he wanted to ask for help from the staff of the scenic spot, but there was no staff on duty at the scene. After notifying the staff of the scenic spot with the help of other tourists, the child was rescued by the staff of the scenic spot and taken to a nearby hospital, where he was fine. Afterwards, Wang was very dissatisfied with the scenic spot, posted radical remarks on his personal social platform, and complained to the 12345 government service platform of Lingchuan County.
In the process of dispute resolution, Qin Lupeng learned that the river beach where the incident occurred was shallow, and the bamboo raft was only a river beach decoration, not for tourists to play, so there was no scenic spot staff on duty. After the incident, the scenic spot took the initiative to bear the inspection fee for the children who fell into the water. After joint mediation between the court and the county's Bureau of Culture and Tourism, the two parties finally reached a settlement, the scenic spot apologized to Wang, and Wang deleted the content posted on his personal social platform.
Regularly check potential safety hazards, set up river safety warning signs, strengthen protective measures, and install camera ...... in areas where no staff are fixed and left behindAfter the incident, the Daxu court issued a judicial recommendation to the scenic spot in a timely manner, and the scenic spot adopted and completed the rectification within a time limit.
In recent years, Daxu Ancient Town has made use of its unique location advantages and rich tourism resources, and vigorously promoted the integrated development of agriculture, culture and tourism based on the principle of "cultural leadership and industry driven". However, with the increase in the number of tourists, the incidence of tourism disputes has gradually increased.
In order to properly resolve tourism disputes, in October 2022, the Lingchuan People's Court, together with the county's Bureau of Culture and Tourism, signed the "Implementation Opinions on Establishing a Working Mechanism for Linkage Resolution of Tourism Disputes", and set up "eco-tourism judge service workstations" in 4A-level scenic spots such as Dongli Ancient Village and Gudong Waterfall, regularly dispatched staff to mediate and guide tourism disputes, and implemented the "three initiatives" (active docking with scenic spots, active investigation and analysis of hidden tourism dangers, and active communication with tourism authorities) and "three fasts" in tourism circuit judicial services (Fast mediation, fast trial, fast linkage of tourism disputes), timely, efficient and proper resolution of tourism disputes.
Move the "rule of law classroom" to the Li River.
Defendant Mo committed the crime of illegal fishing of aquatic products and was sentenced to a fine of 3,000 yuanA set of electric fish machine equipment that was transferred with the case is to be confiscated in accordance with ...... law”
On the afternoon of October 25, 2023, the Lingchuan People's Court Lijiang River Basin Ecological and Environmental Protection Circuit Court (hereinafter referred to as the "Lijiang River Basin Circuit Court") publicly heard a case of illegal fishing of aquatic products by the Lijiang River. After trial, the court held that Mo used prohibited tools to catch aquatic products in the fishing ban area and during the fishing ban period, the circumstances were serious, and his behavior constituted the crime of illegal fishing of aquatic products. After the trial, the site carried out breeding and release activities.
On October 25, the People's Court of Lingchuan County, Guangxi Zhuang Autonomous Region, the Lijiang River Basin Ecological and Environmental Protection Circuit Court openly tried a case of illegal fishing of aquatic products by the Lijiang River in Daxu Ancient Town. Photo courtesy of Lingchuan County People's Court, Guangxi Zhuang Autonomous Region.
This public trial moved the 'rule of law classroom' to the side of the Li River, teaching in trial and education. At the same time, it has also helped the masses to enhance their awareness of abiding by laws and regulations, consciously resist illegal fishing, take the initiative to protect the ecological environment, and prevent 'fishing nets' from touching 'legal nets'. Judge Zhu Linping of the Lijiang River Basin Circuit Court said.
We grew up on the banks of the Li River, which is the calling card of Guangxi. Through the trial, more and more villagers learned about the consequences of illegal fishing and the harm of damaging the ecological environment, and they also led the people around them to consciously abide by the law. After observing the public trial, the villagers at the scene were deeply touched.
The Li River is the mother river of Guilin, and it has a great responsibility to protect biodiversity and build an important ecological barrier on the Li River. In 2021, the Lingchuan People's Court established the Lijiang River Basin Circuit Court in the Daxu Court, effectively improving the judicial capacity and level of environmental resources, implementing restorative justice, realizing the "four-in-one" trial of criminal, civil, administrative and public interest cases, and constantly polishing the gold-lettered signboard of "Guilin's landscape is the best in the world".
According to statistics, from January 2022 to October 2023, the Lijiang River Basin Circuit Court concluded a total of 42 criminal cases related to environmental resources and 9 cases of attached civil public interest litigation, sentenced a fine of more than 100 yuan, and paid more than 120 yuan in ecological restoration fees.
Extended services "treat the symptoms" and "cure the root causes".
The water area of Qingshitan Reservoir is adjacent to the three townships of Jiuwu Township, Lantian Yao Township and Pingping Township in Lingchuan County, and is known as the "Pearl of Northern Guangxi" and is the source of drinking water protection in Guilin. Today's Qingshitan Reservoir has formed a virtuous cycle model of "raising fish with the reservoir, increasing income with fish, and purifying water with fish". However, a few years ago, the area of fish cages in Qingshi Lake reached 300,000 square meters, and there were hundreds of pig farms around the reservoir area, and there were often unbearable smells floating in the air......
In order to control the ecological environment of Qingshitan Reservoir, Lingchuan County issued the "Implementation Plan for Sub-regional Aquaculture Development of Ecological Fishery in Qingshitan Reservoir" in 2018, but some villagers did not understand this. How to maintain the ecology and prohibit villagers from overfishing has become a difficult problem for the ** department of Lingchuan County.
In order to help lucid waters and lush mountains be reborn, the Lingchuan Court moved forward to the judicial service position and explored the establishment of a system of "judicial advice + green judicial protection + socialized comprehensive governance". Officers and police officers of the Lijiang River Basin Circuit Court have repeatedly carried out legal propaganda activities in various villages, and set up conspicuous warning signs along the reservoir to inform residents along the reservoir area that they should not fish illegally without a fishing license. At the same time, the judicial protection waters of drinking water sources in Guilin City were inaugurated in the fourth team of Pingping Township, Lingchuan County, fully extending the judicial tentacles and gathering the strength of ecological and environmental protection.
Solving the case is a 'symptomatic', and going deep into the problems behind the case, plugging loopholes, improving supervision, and taking precautions is the 'root cause'. Yang Xiaochun, president of the Guilin Intermediate People's Court, said that on the new journey, the Daxu Court will adhere to and develop the "Fengqiao experience" in the new era, effectively prevent social contradictions at the source and resolve them before litigation, and contribute judicial wisdom and strength to the modernization of the social governance system and governance capacity.
*: "China Trial" 2023 No. 20 21 (Reporter: Hu Qihang |Correspondent: Su Jianhui Zhou Ni).