Mechanism of Guangdong Shenzhen procuratorial work walks on the discovery in duty, billows of view of dragon China area surrounds a village on community of diameter of pit of street camphor tree the forest land of a 55 thousand square metre, be mixed to go up by Huang Mou after surrounding company of industrial stock collaboration to destroy, be in condition of loess naked dewiness 4 many years, relevant executive authority did not fulfil obligation lawfully.
For this, procuratorial work mechanism issues procuratorial work proposal, ask management board of city of dragon China area fulfils obligation lawfully, investigate the illegal duty of relevant responsibility main body, instruct deadline of illegal behavior person to reinstate destroys forest land original state. After receiving procuratorial work to suggest, bureau of canal of city of dragon China area obtains evidence through investigation, make administration punish to violating unit and individual, instruct its to complete plot answer green work, be in what procuratorial work proposal replied inside deadline of a month to fulfil a circumstance. Current, experience case forest land has been planted on all sorts of sapling.
Relevant controller accepts Guangdong province procuratorate 22 days when the reporter is interviewed, say, the program before appealing to is to mention before commonweal lawsuit, through procuratorial work the proposal supervises and urge executive authority or relevant organism fulfil obligation, drive the settlement of problem of enroach on commonweal, it is procuratorial work mechanism mentions not only the serious content that commonweal lawsuit works, also be value of commonweal suit system is important reflect.
According to statistic, since July 2017, mechanism of Guangdong procuratorial work handles case of the program before 1971 administration appeal to in all, occupy handle a case 97.14% of gross, the executive authority is adopted rate 91% , better land protected public interest.
Procuratorate of thunder state city walks on the discovery in duty, north and town government without program optional location, violate compasses general and mountain range of brook of arrowroot of domestic village pool one chasm regards life rubbish dump as field. Chasm area about 10 more than square metre, make an appointment with 10 meters greatly, the life rubbish classics that open air piles up ferments for long, release a large number of harmful gas, environment of zoology of serious harm periphery and villager are healthy, cause environmental pollution, constitute bigger menace to safety of circumjacent forest fire prevention.
Procuratorate of thunder state city thinks, north and town government did not fulfil superintendency obligation lawfully, did not undertake handling by concerned regulation to the life rubbish inside area under administration, damage country and society public interest. Accordingly, issue proposal of the procuratorial work before appealing to with town government north, supervise and urge its are opposite and site of dump of rubbish of life of mountain of brook of arrowroot of domestic village pool fulfils superintendency obligation lawfully, avoid country and society public interest is killed continuously by damage.
After north and town government receive procuratorial work to suggest, adopt measure to begin instantly rectify and reform, center manpower, financial capacity, material resources, be opposite in time the stockpile rubbish inside afore-mentioned field undertakes harmless change processing, devoted capital more than yuan 10, clear a stockpile rubbish more than tons 1000, stockpile rubbish clears entirely end. On this foundation, north and town government perfect rubbish management system further, raise a rural area life rubbish is harmless change processing capability and standard, will rectify and reform circumstance newspaper to send procuratorial work office inside deadline.
The reporter understands, begin commonweal litigation from July 2015 pilot begin, guangdong saves procuratorate height to take those who tell future order seriously to deal with, establish exterior connection mechanism actively, improve mechanism of complete province procuratorial work and social all walks of life hard, especially the executive authority understanding to commonweal lawsuit and understanding, build favorable environment to begin commonweal litigation, promoted procuratorial work to suggest to get approbate and be fulfillinged.
"Case clew is to press commonweal lawsuit the main base of pilot job, clew of lawsuit of commonweal of much channel collect, also be the preparation that makes proposal of good procuratorial work. " this chief says, procuratorial work mechanism develops administration adequately to execute the law to join with criminal judicatory on one hand platform action, strengthen contact cooperation with the service such as natural resources of environmental protection, land, strengthen with social commonweal the organization communicates collaboration, through aggrandizement mechanism of exterior connection cooperation seeks clue actively. On the other hand, build inside Shanghaiguan of procuratorial work machine to set business section clew to move send a mechanism. The thread that mechanism of town procuratorial work all made each district class be dominant with civilian travel moves send a system, hold a bulletin to meet regularly with the branch such as detect inspect, public prosecution, drive information to share, supervisory linkage, the discovery that raised commonweal lawsuit clew greatly odds.
Current, mechanism of complete province procuratorial work 6 becoming clew of above commonweal lawsuit is from the procuratorial work machine such as detect inspect, public prosecution inside Shanghaiguan sets a branch to move send obtain,
Mechanism of Guangdong procuratorial work gathers evidence in the round, hit prison foundation of the program before appealing to while, pay attention to the compose of book of procuratorial work proposal, do solid the carrier of the program before appealing to. This chief says: "We pay attention to the feasibility of the proposal especially, proposal executive authority walks on the content of duty, both neither can be abstract not specific, only ' give rectify and reform processing ' , also cannot ignore feasibility condition, offer the proposal that is hard to accomplish; Should be united in wedlock to be mixed actually however executive authority duty, carry those who issue put oneself in another's position, the proposal that has stronger specific aim and maneuverability, ensure to duty can be walked on to reach the designated position after the executive authority is adopted, protect good public welfare in time. Protect good public welfare in time..
In judicatory practice, partial executive authority knows inadequacy to commonweal lawsuit, think procuratorial work suggests to do not have rigid tie as one paper opinion, often ignore. Although undertake,perhaps rectify and reform, but not quite serious, deal with finish sth, country and public interest still cannot get real protection. This needs procuratorial work mechanism seasonable to rectifying and reform a circumstance follow-up supervises and urge.
"Lawsuit is the final step of conduction commonweal case, also be the rigiddest supervisory step, want already careful with, want to dare be used again. " this chief says, suggest to did not get adoption when the procuratorial work of the program before appealing to, country and public interest still are in accept enroach on position, procuratorial work mechanism can be passed sue, benefit usage courtyard adjudicates this kind of form that has legal effectiveness, strong stimulative executive authority walks on duty.
Classics masses is informed against, came 2016 between 2017, the person such as Chen Mou is opening smooth city golden pheasant to press down Great Harmony village appoint village of meeting spring pace, Hu Shan bear hire forest land illicit to dig gross area to make an appointment with waste residue of 10 thousand square metre to fill bury, adopting prevent leakage, prevent the measure circumstance such as prediction of a person's luck in a given year to fall, fill bury waste residue of about 8000 stere, effluent liquid waste causes around pound a large number of dead fish, pollute circumjacent environment badly.
After opening put on record of smooth city procuratorate to investigate, environmental protection bureau of Xiang Kaiping city gives out the procuratorial work before appealing to to suggest, suggest its take effective measures as soon as possible, deal with lawfully trash of experience case danger, eliminate environmental pollution. But the half an year of after this, leave to make the same score bureau of city environmental protection and be done not have active and sufficient walk on duty, trash of experience case solid is deposited all the time in place.
For this, open smooth city procuratorate to mention lawsuit of commonweal of politics of start on a journey, request court affirms bureau of smooth city environmental protection to did not fulfill duty to break the law lawfully, adjudicate its continue to fulfil obligation. After the court is tried, maintain, the nonperformance inside the reasonable time that although open bureau of the environmental protection that make the same score city to be in,receives procuratorial work proposal is legal duty, but its already performed a part in lawsuit legal duty, be equivalent to changing former administration action, reason adjudicates its continue to fulfil legal obligation lawfully.
"Procuratorial work mechanism is passed timely sue, close to the executive authority that violates into administrative action fulfils legal obligation already, have caution effect to other executive authority again, drove the program before appealing to to be dealt with effectively of the case. " this chief says. (Lei of Wei of Ningdan of legal daily chapter)
