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Xi'an Yan Pagoda: Persist in Problem Orientation, Gather Multi-party Forces to Fully Perform the Function of Public Interest Litigation

2019-09-06 Release time: 2019-09-06

28日,全省检察公益诉讼工作推进会召开,省委常委、省委政法委书记庄长兴出席会议并讲话,省院杨春雷检察长主持会议。 On August 28 , the Provincial Procuratorial Work on Procuratorial Work of the Province was held. Zhuang Changxing, member of the Standing Committee of the Provincial Party Committee and Secretary of the Political and Legal Committee of the Provincial Party Committee, attended the meeting and delivered a speech. Procurator Yang Chunlei of the Provincial Court chaired the meeting. Attorney Zhang Jifeng, Procuratorate of Yanta District Procuratorate attended the meeting and made a speech on experience sharing entitled “Precise Supervision, Deepening Quality and Efficiency, and Building a Brand of Yanta Procuratorial Public Interest Litigation”.

Attorney General Zhang Jifeng introduced the procuratorial work of public prosecution in Yanta District Procuratorate from four aspects.

The first is to focus on key areas and fully perform the functions of public interest litigation. Focusing on the five major areas of environmental resources, food and drug safety, state-owned land transfer, state-owned property, heroic protection, and outstanding issues that concern the interests of people's livelihood, the work of public interest litigation has been promoted.

The second is to focus on the core of "public welfare" and strive to achieve a win-win supervision effect. Actively respond to social concerns and resolve hot issues of concern to the masses; benign interactions with administrative agencies and strive to achieve win-win and win-win situations; organically integrate case handling with the promotion of industry consolidation and social governance, and promote innovation in the social governance system.

The third is to adhere to the problem-oriented and focus on solving the problems of handling cases. Clear the channels for the masses to report, closely follow various special activities, mobilize internal forces, and crack the clues and find difficulties; strengthen the professional construction of the team, establish an investigation cooperation mechanism with administrative agencies, and crack the difficulties in obtaining evidence; implement the "three follow-up" system for pre-litigation cases 2. The "two supervisions" system in litigation cases makes it difficult to crack the case for rectification.

The fourth is to consolidate multi-party forces and vigorously create a good working atmosphere. Actively seek the support of the Party Committee and the People's Congress, maintain close collaboration with the supervisory authorities, and use the "outside brain" wisdom of industry experts to promote public welfare protection from "one-man show" to "big chorus".

中省市区委和上级检察机关关于公益诉讼工作的决策部署, 共办理公益诉讼诉前程序案件133件、提起诉讼案件5件,督促行政机关依法履职收回土地出让金6.73亿元,收回国有土地134.128亩,罚没300余万元, 12亩林地恢复原状,清除垃圾4000余立方米, 拆除违法建筑 11000 余平方米, 当事人赔偿生态修复费用35万元,成功办理全国最大金额行政公益诉讼案、全省首例民事公益诉讼案、西安市首例英烈保护案等多起精品案件,其中圣米兰闲置土地案被高检院评为全国诉前程序典型案例,多所知名高校作为授课案例,雁塔区检察院创品牌工作经验被省委改革办转发,土地资源类工作经验被省院转发,工作成绩获得区委和上级检察机关的充分肯定。 Since the commencement of public interest litigation work, the court has seriously implemented the decision-making and deployment of public interest litigation work of the Central Provincial Urban Party Committee and the higher-level procuratorial organs. It has handled a total of 133 pre-litigation cases for public interest litigation and filed 5 lawsuits, and urged administrative agencies to perform in accordance with the law. The company recovered 673 million yuan of land transfer fees, recovered 134.128 acres of state-owned land, fined more than 3 million yuan, restored 12 acres of forest land, removed more than 4,000 cubic meters of waste, demolished illegal buildings over 11,000 square meters, and the party compensated 350,000 yuan for ecological restoration costs. Handled a number of fine cases such as the nation's largest administrative public interest litigation, the province's first civil public interest litigation, and Xi'an's first heroic protection case. Among them, the San Milan idle land case was rated as a typical national pre-litigation case by the Supreme People's Procuratorate. Many well-known universities as teaching cases, Yanta District Procuratorate brand creation work experience was forwarded by the Provincial Party Committee Reform Office, land resources work experience was forwarded by the Provincial Court, the work performance has been fully affirmed by the District Party Committee and higher-level procuratorial organs. (Yanta District Procuratorate)

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