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Shaanxi: Guarding the eastward flow of a river

2020-01-23 Release time: 2020-01-23
"In the past, the smell was so bad here. After treatment, the environment is much better than before. Many people came here to fish a while ago." Standing on the bank of Dacheng Town in Qinghe County, Hu Kui, a villager in Dacheng Town, Sanyuan County, Shaanxi Province happily responded. The reporter said.

The Qinghe River, one of the tributaries of the Weihe River, flows from west to east through the Sanyuan area, flows out of the county from Dacheng Town, and finally merges into the Weihe River. This Mother River was once reduced to a "sewage ditch" that disturbed locals. In October 2016, after the Sanyuan County Procuratorate filed an environmental protection administrative public interest lawsuit with the court, the fate of this river finally ushered in a turning point and became a veritable "clear river."

It is understood that this case is the first water pollution public interest lawsuit in Shaanxi Province. From the beginning of the investigation by the procuratorial organs to the full execution of the case, it took 3 years and 2 months to go through all stages of prosecution, filing, trial, judgment, and execution. The dust settled and the local people all applauded. Recently, the reporter interviewed the case.

origin

In the 1980s, along with the east wind of reform and opening up, nearly a hundred township enterprises sprung up in Sanyuan County and Dacheng Town in the eastern part of the county. Due to the backward production technology of the township and village enterprises and indifferent environmental protection consciousness, a large amount of industrial wastewater and residents' domestic sewage was directly discharged into Qinghe without treatment. The clear, clear river water has since become filthy, smells bad, and mosquitoes have raged.

In the 21st century, with the improvement of environmental protection concepts, technological progress, and funding guarantees, environmental protection work in Sanyuan County has made significant progress. A sewage treatment plant has been built in the county town, and the water quality of Qinghe County has significantly improved. Qinghe Wetland Park Good place for leisure.

However, the situation in Dacheng Town is not optimistic. The people on both sides of the river and in the lower reaches of Qinghe Town are still suffering the torture of water pollution. The bad smell, floating dead birds, and dead crops are all telling people about water. Harm from pollution.

In the spring of 2016, the Sanyuan County Procuratorate found in its work that untreated sewage was discharged directly into the Qinghe River through the south sewage outlet of Dacheng Village, Dacheng Town, causing pollution in the Qinghe River. After testing, the contaminated river water ’s oxygen demand, heavy metals, and harmful bacteria have seriously exceeded the standards. The water quality is inferior to the five categories, which seriously affects the production and life of the people along the coast, causing damage to social and public interests. Regulatory governance statutory duties.

At that time, some provinces and cities across the country decided to carry out public interest litigation trials in accordance with the NPC Standing Committee's decision. After careful investigation and fulfillment of necessary legal procedures, the Sanyuan County Procuratorate filed an environmental protection administrative public interest lawsuit with the court in October 2016.

explore

On October 24, 2016, the court of Sanyuan County accepted the lawsuit of the Sanyuan County Prosecutor's Office v. Sanyuan County Dacheng Town Government's environmental protection administrative public interest lawsuit.

A collegial panel was formed by the deputy president of the court of Sanyuan County, the president of the administrative division, and the backbone of the case handling business to hear the case. The collegiate bench strictly complies with the requirements of the Standing Committee of the National People ’s Congress on conducting public interest litigation in some provinces, organizes evidence exchange in a timely manner, checks the actual situation of water pollution at the scene of the case, and determines that the Dacheng Town Government has the legal responsibility to supervise water pollution prevention and control in its jurisdiction. , And the fact that it failed to perform its legal duties in accordance with the law, causing continuous pollution of water bodies.

Because it was in the pilot stage of administrative public interest litigation at that time, in accordance with the unified requirements of the Supreme People's Procuratorate, the administrative public interest litigation cases filed by the People's Procuratorate with the People's Court were unified into two items: one was to confirm the defendant's administrative behavior, and the other was to order the defendant. Perform statutory duties within a time limit.

These two claims did not specify the specific time limit for the defendant to perform his legal duties. Specifically, in this case, should the judgment be made in accordance with the uniform litigation request or the public interest litigant is required to change the litigation request and specify the specific time limit for performance to make the judgment enforceable. To this end, the collegiate panel held heated discussions.

In the end, the collegial panel repeatedly communicated with the public interest litigant, and the public interest litigant changed the litigation request at the time of filing, making the litigation request specific, and the defendant's legal responsibilities required were clear and easy to implement.

"As for how long the defendant should perform his judgment obligation, the superior court promptly provided guidance. At the same time, we introduced expert arguments to make the judgment more scientific and enforceable." Administrative Trial of Sanyuan County Court The president of the court, Wang Jingfeng, said that after careful negotiation, the collegiate court decided to use a professional institution as an expert witness to issue a professional written opinion, and determined that the defendant's time limit for performing legal responsibilities was within 25 months after the verdict came into effect.

On April 11, 2017, the court of Sanyuan County opened a trial to hear the case, and judged in court: confirming that the defendant's behavior in discharging pollutants from the sewage outlet in the south of Dacheng Village did not perform the statutory environmental protection and pollution prevention and control actions in violation of the law; The defendant built Dacheng Town's public sewage pipe network and centralized sewage treatment facilities within 25 months after the verdict came into effect, to ensure that the sewage discharged into Qinghe met the discharge standard, and sent the verdict to the public interest litigant, defendant.

Within the statutory period, neither party lodged an appeal.

cohesion

According to Luo Ping'an, member of the party committee of Dacheng Township responsible for sewage treatment projects, after receiving the judgment, in order to ensure that sewage does not flow into Qinghe during the execution of the judgment, the Dacheng Township Government leased 15 acres of land near the sewage outlet and dug two meters deep. The water storage pit is treated with anti-seepage treatment. The sewage is pumped into the pit every day with a water pump and then transported to the county sewage treatment plant by water tank truck for treatment.

Since then, the Dacheng Town Government has actively implemented projects, competed for funds, and submitted for approval, and raised nearly 30 million yuan of funds. In December 2017, it completed the laying of a sewage pipe network with a total length of 20.1 kilometers. Enterprises (of which 15 are key sewage discharge enterprises) are connected as one to implement centralized sewage treatment and discharge.

In August 2017, Dacheng Town Sewage Treatment Plant with a total investment of 29.29 million yuan and a daily sewage treatment capacity of 2,500 tons was started. It was officially launched in November 2018. In the meantime, the Sanyuan County Court and the Sanyuan County Procuratorate sent police officers to the sewage treatment plant and the construction of the sewage pipeline network construction site to inspect and supervise many times, put forward requirements on the progress of the project and construction quality, and ensure that the sewage treatment project was completed as scheduled.

In June 2019, when the 25-month performance period expired, Dacheng Town's sewage pipe network and treatment facilities were all completed, and the case was fully implemented.

"This case occurred at the beginning of the prosecution of public interest litigation. Through 25 months of environmental governance, Qinghe changed from" turbid "to" clear ", and the living environment of the masses has improved. This will become the direction of our efforts in the trial of public interest litigation. Li Xu, deputy president of the Environmental Resources Trial Division of the Shaanxi High Court, introduced that with the people's courts strictly adhering to law and strengthening enforcement, the awareness and ability of administrative organs in accordance with the law has been continuously improved, and public interest litigation has been continuously promoted. Properly resolved, the number of administrative public interest litigation cases in the province has dropped significantly.

It is understood that, in order to ensure the sustainable economic and social development of Dacheng Town, the Dacheng Town Government has planned to construct a second phase of a sewage treatment plant with a total investment of 73.35 million yuan and 8,000 tons of sewage per day. The project has started in August 2019 and is expected to be completed in June 2020, which can meet the sewage treatment needs of Dacheng Town in the next 10 years.

"In recent years, the Shaanxi Provincial High Court attaches great importance to environmental resource trials, and courts at all levels have made environmental resources trials in the new era a new mission and task." During the interview, Li Zhi, secretary of the party group and president of the Shaanxi Provincial High Court, Courts at all levels throughout the province will adhere to the most stringent system and the strictest rule of law to protect the ecological environment, continuously improve the environmental resources trial system and mechanism, and give full play to the environmental judicial function. In order to improve the quality of the ecological environment in Shaanxi, fight against pollution and win the battle. The Defense of the Blue Sky provides powerful judicial services and guarantees. (Legal Daily Sun Li Haoyang Liu Yan Zhang Ya)

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