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Give full play to the special advantages of public interest litigation, earnestly perform the procuratorial function, and safeguard the public interest

2019-11-29 Release time: 2019-11-29

Since the commencement of public interest litigation work, the Procuratorate of Chang'an District has successively carried out a number of special public interest litigation activities, such as "protection of wetlands", "protection of the Qinling Mountains", "safety on the tip of the tongue", "clean chaos", and "prevention of air pollution". The advantages of activities, increase the supervision of public interest litigation, focus on the hot issues of the people, give play to the rigidity of procuratorial suggestions, and effectively protect the public interests of the people.

Work hard online and offline to protect your tongue

件,立案审查7件,发出诉前检察建议5件,公告3件,提起民事公益诉讼1件,与食品药品、市场监管部门开展联合整治10余次,对“三无食品”、过期食品、家禽生肉、速冻食品进行抽样检查,切实保障老百姓“菜篮子”安全。 In the special public welfare lawsuit of "Safety on the Tongue of Ten Thousands of Households", the Chang'an District Procuratorate conducted in-depth investigations on farmer's markets, large supermarkets, and various food business restaurants, and reviewed the case clues found in time. A total of 13 clues were found. 7 cases were filed for review, 5 pre-litigation inspection suggestions were issued, 3 were announced, 1 civil public interest lawsuit was filed, and joint rectifications with food and drug and market supervision departments were conducted more than 10 times, and the "three no food", expired food, poultry Sampling inspection of raw meat and quick-frozen food will ensure the safety of the common people's "vegetable baskets".

In order to protect the health of minors, strictly implement the "four strictest" requirements and ensure food safety in and around primary and secondary schools. Chang'an District Procuratorate, District Market Supervision Department, District Education Department, and various street offices entered the campus. , Supervising and inspecting the hygiene of the school cafeteria operation room, the implementation of the principal's meal system, and the retention of meal samples, and random visits to "small dining tables" and meal-care institutions outside the school to conduct surprise checks on the health certificates, food storage standards, and licenses of employees. Standardize the management of on-site supervision of potential food safety hazards, and effectively guard the “safety of the tongue” of minors.

份,督促食品监管部门积极履职,整改违规经营网络餐饮商户43家,下线商户6家,罚款人民币4000元,没收违法所得5840.27元,切实保障网络餐饮安全。 In order to purify online catering services, the Chang'an District Procuratorate conducts carpet-like inspections of online catering operators on third-party service platforms such as "Hungry?" And "Meituan Takeaway". Whether the online catering merchants have obtained food business licenses and whether Publish food production and operation licenses, business licenses, and quantitative management information on food safety in catering services on the homepage of the operation website. Issue 43 pre-litigation inspection suggestions, urge food supervision departments to actively perform their duties, and rectify 43 illegal online catering merchants. There were 6 offline merchants with a fine of RMB 4,000 and the confiscation of illegal income of 5882.27 yuan, which effectively ensured the safety of online catering.

Focus on "Wetlands, Atmosphere, Qinling Mountains, Water Resources"   Fight the ecological defense

湿地生态环境保护,长安区检察院在开展“ 保护长安 河湿地和沣河湿地 专项活动中发现,沣河流域北陶村段河堤东侧的垃圾 消纳场被依法进行复耕验收 ,仍有大量渣土车向该处倾倒建筑垃圾和生活垃圾,并向沣河河道内及沿河岸约数百米高约7 Concerned about the ecological protection of wetlands, the Procuratorate of Chang'an District carried out a special activity " Protection of Chang'an Jinghe Wetland and Jinghe Wetland " and found that the waste disposal site on the east side of the embankment in the Beitao Village section of the Luohe River Basin was restored and accepted according to law. , There are still a lot of dump trucks dumping construction garbage and domestic garbage to the site, and about hundreds of meters high and about 7 in the river channel and along the river bank -8 meters 长安区检察院随即向 西安市 城市管理局和西安市水务局发出检察建议书并跟进监督,最终 该处垃圾全部清理完毕且复垦,有效的保护了湿地生态环境。 Dumping the garbage seriously polluted the local ecological environment. The Procuratorate of Chang'an District immediately issued an inspection proposal to the Xi'an Urban Management Bureau and the Xi'an Water Affairs Bureau and followed up the supervision. Eventually, all the garbage was cleared and reclaimed, which effectively protected the wetland ecology. surroundings.

助力汾渭河平原大气污染防治 专项活动,长安区检察院主动 与市生态环境局长安分局对接,多次召开座谈联席会,建立了大气污染防治工作的长效机制,签订《关于建立 汾渭平原大气污染防治工作 公益诉讼协作配合机制的意见》。 Concerned about respiratory health, the special activity of Helping the Air Pollution Prevention in the Fenwei River Plain , the Chang'an Procuratorate took the initiative to dock with the Municipal Bureau of Eco-Environment Bureau An Branch, held several joint symposiums, established a long-term mechanism for air pollution prevention, and signed the “About Opinions on Establishing the " Public Welfare Prevention and Control of Air Pollution in the Fenwei Plain " Collaboration Mechanism for Public Interest Litigation. 200 余亩建设用地上被倾倒污泥七万吨,污泥散发恶臭味,污染大气向市生态环境保护局发出诉前检察建议,现该污泥已开始被运走。 During a special activity, it was found that 70,000 tons of sludge had been dumped on more than 200 acres of construction land on Huanshan North Road in Wangmang Street . The sludge emitted a foul odor. The polluted atmosphere issued a pre-litigation inspection proposal to the Municipal Environmental Protection Bureau. The mud has begun to be removed. Conducted joint haze control activities with the Municipal Bureau of Ecological Resources An Branch, conducted on-site supervision and inspection of gas boilers in areas under its jurisdiction that did not meet low nitrogen combustion requirements, and found that a university's gas boilers did not meet the standards. The Chang'an District Procuratorate immediately issued a pre-litigation inspection proposal, followed by To supervise and effectively defend the blue sky.

长安区检察院开展“秦岭违建”专项整治活动,共受理案件30件,发出诉前检察建议数40 ,提起行政公益诉讼1件。 Concerned about the ecological protection of Qinling resources, the Procuratorate of Chang'an District carried out a special rectification activity of "Illegal Construction of Qinling Mountains". It accepted a total of 30 cases, issued 40 pre-litigation procuratorial suggestions, and filed an administrative public interest lawsuit. 共拆除违建面积 10.17 亩,绿 8.37 亩,复土 9.45 亩, 清除违法建筑垃圾120余方,督促行政机关作出行政处罚决定书6分, 督促国土部门对违建行为罚款 17.77 万元 Exerting the rigidity of the pre-litigation procuratorial suggestions, a total of 10.17 acres of illegal construction , 8.37 acres of green , 9.45 acres of soil were removed, and more than 120 parties of illegal construction waste were removed. The administrative organ was urged to make a decision on administrative punishment by 6 points, and the land department was urged to respond to illegal construction. A fine of 177,700 yuan . 名干警和4名司法辅助人员,检分赴各违建点参与到十五个工作专项组,李文凯检察长亲自上阵指导,提供法律咨询, 24小事待命,跟进拆除进程,收集公益诉讼线索,排查化解重点拆除项目干群关系、房屋补偿等引发社会矛盾纠纷和安全隐患,充分发挥公益诉讼优势,协助行政机关积极履职,确保专项活动有序有力进行,保护秦岭北麓生态环境。 During the special rectification period, the Chang'an Procuratorate selected 34 police officers and 4 judicial assistants to inspect the illegal construction sites and participate in 15 special task forces. Attorney Li Wenkai personally went to the field to provide guidance and provide legal advice. In the process of dismantling, collect clues for public interest litigation, investigate and resolve social conflict disputes and hidden safety hazards caused by the relationship between the cadre and the mass of key demolition projects, housing compensation, etc., give full play to the advantages of public interest litigation, assist administrative agencies to actively perform their duties, and ensure that special activities are carried out in an orderly and effective manner. Protect the ecological environment of the northern foot of Qinling Mountains.

开展“ 携手清四乱 Pay attention to water source protection 专项行动活动。长安区检察院 根据本区实际, 建立河湖 四乱 公益诉讼案件台帐,全面掌握河湖 四乱 问题现状和底数,检察长与主管副检察长齐抓共管亲自办案,多次联合区水务局对库峪河及 河两岸范围的乱占、乱采、乱堆、乱建等 四乱 违法行为进行摸排、调查走访, 通过扎实有效地开展,向区水务局发出诉前检察建议30件,拆除河湖乱建、违建面积 违建面积大约3.9万多平方米,清障流域面积 The “Protection of Mother River special action activity. The Procuratorate of Chang'an District established the account of the four chaos public interest litigation cases based on the actual situation in the district , comprehensively grasping the status quo and bases of the four chaos in rivers and lakes . The co-manager took charge of handling the case personally, and repeatedly cooperated with the District Water Affairs Bureau to conduct investigations, investigations and visits to the " four disorder " illegal acts such as unlawful occupation, unauthorised mining, unlicensed construction, and unauthorised construction on the banks of the Kuyu River and the Luan River. , Issued 30 pre-litigation inspection suggestions to the District Water Affairs Bureau, demolished rivers and lakes, illegal construction area, illegal construction area of about 39,000 square meters, and cleared watershed area 公里 1.26 km . In order to ensure the normalization of water resources protection, the Chang'an District Procuratorate and the District River and Lake Long-term Office signed a special project of the “Chang'an District People's Procuratorate of the Xi'an Changan District River and Lake Leading Group Leading Group Office” to establish a special “protection of the mother river in the four chaos”. Opinions on Action for a Long-term Effective Working Mechanism, to effectively ensure the safety of drinking water for the masses.


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