In 2023, the Heyuan procuratorate will take the specialization of ecological and environmental inspection as the starting point, and strive to build a new pattern of ecological and environmental inspection with Heyuan characteristics, so as to provide a strong procuratorial guarantee for the ecological construction of Lumei Heyuan.
Fifty-three procuratorial recommendations were issued.
Make every effort to protect the ecological environment.
Since 2023, the Heyuan procuratorate has reviewed and arrested 52 people in 31 cases, reviewed and prosecuted 94 people in 45 cases, filed 1 civil and administrative procuratorial case in the field of environmental resources, handled 113 public interest litigation cases for ecological environment and resource protection, issued 53 procuratorial suggestions, and supervised the restoration and treatment of damaged and polluted forest land, cultivated land, and water areas4More than 40,000 acres, processing domestic garbage, solid waste 1More than 710,000 tons, 17 lawsuits, and 7,593 claims for environmental damage compensation from polluting enterprises and individuals3.15 million yuan, 7200 yuan supported by the court330,000 yuan, and the total value of the illegally mined mineral resources was 58.31 million yuan.
The Heyuan procuratorate closely follows the characteristics of the ecological environment, takes the creation of the ecological inspection brand as the traction, formulates the "Heyuan Municipal People's Procuratorate on Serving and Guaranteeing the Ecological Construction of Lumei Heyuan and Building the Ecological Procuratorial Brand of "River Inspection and Source Protection", and implements the "Ten Ones" action, that is, an annual plan, a batch of typical cases, a key case analysis, a special supervision, an ecological environmental protection practice education base, a legal supervision model, a party building demonstration project, an ecological inspection map, A series of publicity and education activities and a theme press conference have been actively served and guaranteed in accordance with the law.
Solve problems with "five modernizations" work.
Improve the quality and efficiency of comprehensive protection of the ecological environment.
Insist on precision strikes. Fully participate in and cooperate with the rectification and implementation of the first ecological and environmental protection inspectors, handle major cases with high social concern in accordance with the law, and resolutely fight the battle to defend the blue sky, clear water and pure land. Promote the connection between ecological and environmental administrative law enforcement and criminal justice, solve problems such as "substituting punishment with fines" and "not punishing without punishment" in the field of environmental resources, and urge the administrative departments and public security organs to pursue the administrative responsibility and criminal responsibility of those who violate the law in crimes of destroying environmental resources. Improve the system of "double responsibility and simultaneous pursuit" in criminal and civil cases, ensuring that while severely cracking down on crimes that damage the protection of environmental resources, the criminal responsibility of the offenders is not only pursued, but also civil liability for harming the public interest.
Conduct diversity monitoring. Deepen the implementation of the "Implementation Measures on Improving Investigation Supervision and Coordination and Cooperation" signed with the Heyuan Municipal Public Security Bureau, and strengthen the supervision of the filing and investigation activities of cases of destruction of environmental resources. Increase the intensity of civil and administrative procuratorial supervision of environmental resources, and strive to improve the quality and efficiency of case handling. Comprehensively strengthen the procuratorial supervision of ecological and environmental public interest litigation, carry out special projects such as "cracking down on illegal mining of mineral resources" and "river safety protection" in light of actual local arrangements, highlight the strengthening of the governance of hazardous waste, domestic waste, etc., and give full play to the strength of special projects to improve the quality and efficiency of case handling.
Promote modern governance. Deepen the governance of litigation sources, strive to improve the rigidity of supervision, and actively participate in comprehensive social governance. Give full play to the advantages of "public interest litigation + hearings", solidly carry out public interest litigation procuratorial hearings in the field of ecological and environmental protection, and achieve a win-win, multi-win, and win-win situation for safeguarding public interest and promoting social governance. Practice the concept of restorative justice, promote the implementation of mechanisms for connecting procuratorial public interest litigation and compensation for ecological and environmental damages, support ecological departments in carrying out consultations on compensation for damages, and promote diversified ecological compensation mechanisms such as "replanting and reforestation", "multiplication and release", and "compensation in different places" in case handling, to promote ecological and environmental restoration.
Adhere to the integration of the advancement. Deepen the implementation of the role of the "River and Lake Chief, Forest Chief + Procurator General" coordination mechanism established with the Heyuan Municipal River Chief's Office, the Municipal Forest Chief's Office and 36 member units, strengthen joint law enforcement, clue transfer, information sharing and joint consultation mechanisms, urge administrative organs to perform their duties in accordance with the law, strengthen supervision, and jointly promote the governance of ecological and environmental protection. Deepen cross-regional judicial protections of the ecological environment, and coordinate the construction of ecological civilization. Strengthen the construction of procuratorial integration, build a linkage pattern of "criminal prosecution", "civil and administrative procuratorate" and "public interest litigation procuratorate" in the field of ecology and environment, establish a case-handling work mechanism with the Heyuan City Procuratorate as the main body and the grassroots procuratorate closely cooperating, unified management and joint investigation of clues in major cases, joint handling and overall promotion of important cases, and build a case-handling work model that is linked up and down and operates efficiently.
Strengthen rule-of-law services. Implement the responsibility system of "those who enforce the law shall popularize the law", thoroughly carry out procurators' service activities in government organs, enterprises, towns and villages, schools, and communities, strengthen the use of cases to explain the law, and mail and distribute pamphlets and posters on ecological environmental protection and public interest litigation to all towns, streets, and villages (residences), to increase public awareness and participation in ecological procuratorial work.
On September 23, the peach blossom jellyfish reappeared in Wanlv Lake, dancing like elves. The peach blossom jellyfish, known as the "giant panda in the water", has extremely high requirements for the water environment and water quality of the water body in which it lives, and especially favors Wanlv Lake, where the water quality is maintained in the national surface water standard all year round, and this is the seventh time that it has been found in Wanlv Lake.
Actively perform their duties.
Ensure the effectiveness of the construction of the source of the green and beautiful river.
Actively cooperate and coordinate with administrative organs, promptly improve and comprehensively promote the implementation of the "Implementation Opinions on Strengthening the Linkage Mechanism for Compensation for Ecological and Environmental Damage and Judicial Protection" signed with the Heyuan Municipal Bureau of Ecology and Environment, Heyuan Intermediate People's Court and other 7 units, deepen the implementation of the linkage mechanism between compensation for ecological and environmental damage and procuratorial public interest litigation, support the ecological and environmental protection departments to initiate 4 consultations on compensation for ecological and environmental damages, and in the process of consultation, for the determination of causal relationship, Liability and other aspects of support, prompting the compensation obligor to voluntarily pay 20.59 million yuan to restore the polluted land.
Deepen the implementation of the "Implementation Plan for Special Law Enforcement Actions for the Safety Protection of Rivers and Lakes in Heyuan City" jointly signed with the Heyuan Municipal Water Affairs Bureau and other 4 units, jointly go deep into the Dongjiang River Basin and the Xinfengjiang Reservoir area to carry out river and lake patrol activities, find clues of illegal landfill muck and timely supervise the rectification and implementation of relevant administrative organs, and hold joint work meetings to discuss river and lake water safety issues many times. In order to protect the public interest and the national interest, and to use the funds such as damages compensated in public interest litigation cases for the appraisal and assessment of cases in the field of local ecology and environment, and the restoration of damaged ecology, the procuratorial organs at the two levels took the initiative to take the lead, and jointly promoted the establishment of a special account for public interest litigation damages with the financial departments and courts at the same level, and countersigned the "Administrative Measures for the Use of Special Funds for Public Interest Litigation in Heyuan City". At present, it has received 18 compensation payments totaling more than 500,000 yuan in the field of ecology and environment.
The procuratorial organs of Shenzhen, Heyuan, Huizhou, Shanwei and Dongguan and the Shenzhen Intermediate People's Court jointly signed the "Implementation Rules for Judicial Protection of Environmental Resources in the Dongjiang Basin (Trial)" to promote the normalization and in-depth development of judicial protection of the ecological environment in the Dongjiang Basin, and solve the problem of cross-regional public interest protection.
Realize the combination of case handling and social governance. Supervise and urge administrative organs to perform their management duties and work together to protect the excellent ecology of the source of the river. Create and promote the "investigation report + procuratorial suggestions" case-handling model, on the basis of handling water environment pollution cases, find common problems, form the "Dongjiang tributary Qiuxiang River Water Pollution Prevention and Control Investigation Report", and issue procuratorial suggestions to townships and relevant functional departments, and urge the adoption of effective measures to promote the control of water pollution in the Qiuxiang River. Draw a "Heyuan Ecological Inspection Map" to record the footprints of Heyuan Inspection.
The procuratorial organs at the city and county levels of Heyuan have closely followed the goal of "improving quality and efficiency, creating characteristics, and brightening the brand", and have jointly built public interest litigation demonstration sites and ecological environmental protection practice education bases in six places, including Baixi Provincial Nature Reserve, Dongjiang National Wetland Park, Fengshuba Nature Reserve, Xinhe Village Ancient Tree Park, Daguishan Nature Reserve, and Dishuizhai in Heshi Town, and actively organized and carried out activities such as procuratorial open days, multiplication and release, and promoted publicity and education on ecological protection and procuratorial public interest litigation, warning and punishment of illegal acts of damaging the ecological environment, The organic combination of multiple functions such as alternative restoration practices has increased and released more than 120,000 fish fry.
Realize the combination of case handling and publicity and promotion. In conjunction with the focus of case handling, we carried out publicity on popular legal education, and carried out a total of 10 public hearings on public interest litigation cases. In response to cases with high social concern, such as the first case of selling dinosaur egg fossils in Heyuan, he wrote a series of publicity and law popularization reports, and in-depth publicized the illegality of selling dinosaur egg fossils and the serious consequences caused by them.