Recently, court of people of lacteal hill city lawfully first administrative commonweal contentious case inside careful knot area under administration. This case is the Shandong province after Shandong saves commonweal lawsuit to work to be pushed in the round first administrative commonweal lawsuit, country of mine of case experience area under administration pledges environmental processing restores a situation, the careful knot of the case breeds to supervising and urge relevant service fulfills hill city in time it is zoology rehabilitate duty, important to build home of happiness of green water green hill to have in all meaning.
[brief introduction of details of a case]
Procuratorate of people of lacteal hill city appeals to say, the card of its mining authority that breeds one quarry factory obtains hill city some village expired on May 25, 2014, during in all lawfully processing of environment of pay mine geology recovers earnest money four hundred and eighty-six thousand seven hundred and sixty-two yuan.
In June 2014, the mining that breeds hill city some bureau cancelled this quarry factory counterpoises, close its stop. This quarry factory destroys dry land, meadow, naked ground to wait during mining add up to 88097 square metre, caused to geological environment play havoc with, the sex of geological calamity danger such as existence collapse, coast. This bureau did not make administrative punishment to its lawfully already, yi Wei uses mine ground to pledge environmental processing restores bail to organize processing, bring about the mine country that is destroyed to pledge the environment still did not get effective processing restores, damaged national interest and society public interest.
On June 26, 2017, procuratorate of people of lacteal hill city breeds to breeding hill city some bureau is made check civilian procuratorial work suggests book, suggest this bureau fulfils obligation to job of geological environmental protection lawfully, cogent restore lacteal hill city the zoology environment of factory of some village quarry. Via checking, some bureau of lacteal hill city did not make administrative punishment to mining right person up to now, the processing of mine geology environment that also did not use its capture to put restores bail to organize processing, mine country pledges the environment still did not get effective processing restores, public interest still is in national interest and society accept enroach on position. Reason to lodge a complaint, affirm the accused idle breaks the law at performing legal duty act lawfully please, sentence some bureau of city of hill of breast of your the accused to fulfil obligation in the round lawfully inside proper time.
[juridical result]
Cognizance of classics of court of people of lacteal hill city thinks, after this quarry factory extracts, caused to geological environment play havoc with, the sex of geological calamity danger such as existence collapse, coast, before mine is shut, did not finish mine ground to pledge environmental processing restores obligation lawfully. Although already began constant environmental processing to resume the work,some bureau of city of hill of the accused breast serves as supervisory management department, but this mine still was not achieved now " Shandong saves byelaw of geological environmental protection " thirteenth processing of mine geology environment regains a level, the accused also is opposite not in time the illegal behavior of this mine according to " environmental protection sets mine geology " a regulation undertakes thirtieth be investigated accordingly, cannot regard the accused as to fulfil legal obligation in the round. The accused is in after receiving procuratorial work of procuratorial work office to suggest, although fulfilled relevant mine actively to restore to administer working duty, violated behavior to make corresponding administrative punishment to this mine, but did not achieve mine ground to pledge environmental processing regains a level up to now, the accused should fulfil obligation lawfully inside proper time. Reason foundation " procedural law of administration of People's Republic of China " the 72nd, the 74th the 2nd (2) regulation, the court decision affirms the accused breeds idle of hill city some bureau breaks the law at performing duty act, sentence your the accused to breed hill city some bureau fulfils the working obligation that restores to administer environment of zoology of factory of quarry of some village of lacteal hill city lawfully.
[typical meaning]
After was being revised on June 27, 2017 " administrative procedural law " , one increases in the 25th, serve as the 4th: "The executive authority that people procuratorate discovers to the domain such as sell one's own things of access of protection of safety of medicines and chemical reagents of zoology environment and resource protection, food, state owned property, state-owned land has supervisory management responsibility in fulfilling obligation violates exercise powers and authorities of office or nonfeasance, cause national increase or the society is communal the interest gets of enroach on, ought to offer procuratorial work proposal to the executive authority, supervise and urge its fulfil obligation lawfully. The executive authority does not fulfil obligation lawfully, people procuratorate lawfully to people court to lodge a complaint " , this regulation gifted procuratorial work mechanism mentions the right of lawsuit of environmental administration commonweal, be helpful for the difficult problem that inaccuracy of main body of lawsuit of commonweal of administration of the environment that defeat solution decides, with the environment civil commonweal lawsuit forms powerful resultant force.
In this case, basis " environmental protection sets mine geology " , some bureau of lacteal hill city has job of geological to mine environmental protection to undertake supervisory legal duty of management. After one quarry factory extracts, some village of lacteal hill city played havoc with geological environment, country and the society such as the life that harmed public safety, environment and citizen, health are communal interest, although breed hill city some bureau took certain processing step after receiving procuratorial work to suggest, but did not make mine country pledges environmental processing is achieved legal regain a level, its fulfill legal duty not to reach the designated position, final court court decision affirms idle of some bureau of lacteal hill city breaks the law at performing duty act, instruct this bureau to fulfil the legal obligation that restores to administer zoology environment lawfully.
