**Procuratorial**.
Author |Wang Yuhao, Wang Xianwen.
The prosecutor in charge conducts an on-site investigation of the accumulation of muck.
In order to save disposal costs, Zhai contacted 11 transport vessels in the middle of the night, and repeatedly connected a total of 360,000 cubic meters of muck was illegally dumped into the Dazheng Port in Qingpu District, Shanghai, causing the channel to be abnormally silted up and seriously affecting the safety of navigation. Shanghai Qingpu District ProcuratorateSuspected of the crime of sabotage of transportation facilitiesFiled a criminal attached civil public interest lawsuit against Zhai and 8 others, and used muck management as an incision to promote the management of the source of litigation for muck theft. On January 17, the court heard the case.
Qingpu is built by water and thrives because of water, with a total of 1,936 rivers in the district, and the large steaming port in the area is located in the upper main stream of the Huangpu River. In February 2023, the crew found that many "small islands" suddenly appeared in the port waters, and after on-site investigation by relevant departments, it was found that the above "small islands" were actually caused by the illegal dumping of construction debris by a muck disposal site in order to save treatment costs.
According to the investigation, between October 2022 and February 2023, Zhai and Xu, knowing that the wharf did not allow the random dumping of muck, still organized many people to dump the muck in the water in the middle of the night, and for each unloading boat, Zhai and others paid a tip of 300 yuan to the excavator and engineering ship personnel, and successively dumped the muck for a total of 360,000 cubic meters, causing a number of ships to run aground due to accidentally colliding with muck.
After the clue was transferred to the Qingpu District Procuratorate, the prosecutor of the procuratorate immediately investigated the case. Zhai and others also admitted that the reason for illegal dumping was due to the huge cost of formal disposal, which could save costs.
After further investigation, the prosecutor found that there were problems behind the case, such as disjointed source management, lack of supervision of consumption sites, and lagging transportation specifications. To this end, on May 6, 2023, the Qingpu District Procuratorate organized a hearing on social governance procuratorial suggestions, inviting a number of people's congress deputies and industry experts to participate. After the meeting, the procuratorate issued procuratorial recommendations to relevant units in accordance with the law, suggesting that they improve long-term mechanisms and implement governance at the source; In view of the safety of waterways, strengthen inspections and expand information-based supervision methods; For the problem of illegal transfer of muck, improve the awareness of standardized operation of enterprises, and strictly review the qualification of muck disposal.
After receiving the procuratorial suggestions, all relevant units quickly deployed and carried out special rectification work, and established a mechanism for joint inspections and the transfer of clues. The enterprises involved in the case have also strengthened the construction of hardware facilities, added additional positions for the acceptance of muck, and further standardized the "collection, transportation, and disposal" of construction muck, so as to prevent the recurrence of such illegal situations.
In the course of handling the case, the prosecutor also found that in order to evade supervision, the offenders would use special vehicles to transport the muck to the wharf, and transport the muck to a remote area by ship in the middle of the night for dumping.
In order to take a step forward and detect the theft in time before the damage is caused, the hospital has built a supervision model for the illegal dumping of construction waste by special vehicles, and through docking with relevant units and obtaining motor vehicle registration data and special vehicle filing data, the situation of vehicles entering and leaving the wharf is retrieved, and the system is to detect suspicious special vehicles that enter without a license and late at night to achieve precise strikes.
Up to now, the Qingpu District Procuratorate has found and transferred 107 early warning clues, and 2 unlicensed transfer muck enterprises have been investigated and dealt with by the administrative authorities, effectively improving the accuracy of law enforcement verification.
It is understood that in recent years, Wujiang, Jiangsu Province, and Jiashan, Zhejiang, which are adjacent to Qingpu, have also had a number of cases of dumping muck in rivers. To this end, on November 13, 2023, the Qingpu District Procuratorate invited 16 judicial organs, administrative departments and a number of experts and scholars from Qingwu and Jiajia to hold a seminar to discuss the current situation of construction waste, governance difficulties, criminal laws and regulations, and other issues, and formed the "Cross-domain Co-governance of Construction Debris Dumping River Case Report", put forward suggestions such as unifying the application of law, improving the working mechanism, and expanding the supervision platform, and promoted the joint formulation of the "Management Measures for Strengthening the Supervision of Construction Waste in Qingpu District" by multiple departments.
In addition, in order to improve the two-way linkage mechanism for executions, the procuratorial organs of the three places have also signed a memorandum of cooperation with the Green Rong Bureau and other relevant units to further smooth the coordination and cooperation between the procuratorial organs and the administrative organs, and deepen the coordination and co-governance of the three places.