The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorates in the New Era" requires procuratorial organs to actively and steadily expand the scope of public interest litigation cases. Since the procuratorial public interest litigation was fully launched in 2017, the statutory fields of public interest litigation have added new areas such as production safety, protection of minors, protection of honor and reputation of military personnel, and protection of personal information on the basis of the traditional "4+1". On June 24 this year, the newly revised Antitrust Law also included public interest litigation provisions. In addition, public welfare protection in the fields of network governance, financial securities, intellectual property rights, cultural relics and cultural heritage protection is also being actively and steadily explored.
[Cultural Relics Protection]
Out-of-control cultural sites have been re-incorporated into protection
"I hope that effective protection measures can be taken for the Qita Zen Temple and the monks' tombs..." During the two sessions of the Chinese People's Political Consultative Conference in Yinzhou District, Ningbo City, Zhejiang Province this year, a CPPCC The proposal attracted the attention of the Yinzhou District Procuratorate. After filing the case for investigation, the court sent procuratorial suggestions to relevant units in accordance with the law, and the rectification work has now been completed.
The Seven Pagoda Zen Temple and Monk Tombs located in Yinzhou District were built in the Qing Dynasty. It is a rare cultural heritage for studying the history of modern Buddhism in eastern Zhejiang. In September 2010, it was designated as a district-level cultural relic protection site. . In January this year, during the two sessions of Yinzhou District, Master Kexiang, member of the Standing Committee of the District CPPCC and abbot of Seven Pagodas Temple , proposed that in recent years, the Seven Pagodas Temple’s pagoda courtyard and monks’ tombs have continued to suffer man-made damage and are in urgent need of protection. This attracted the attention of the Yinzhou District Procuratorate. After an on-site inspection by the Public Interest Litigation Prosecution Department of the hospital, it was found that the cultural relic protection site has been out of control for many years, the surrounding land has been rented out, and the contractor built large-scale sheds in the protection area to raise livestock, and the excretion produced by the livestock The objects pollute the cultural relics themselves and the surrounding environment, affect the safety of cultural relics, and destroy the history and environmental features. In addition, there are brick-concrete buildings in the protected area that are in ruins due to illegal construction.
The institute believes that as a district-level cultural relic protection site, the cultural relics, surrounding environment and historical features of the Seven Pagodas Zen Temple and the monks' tombs have not been effectively protected, and the damage continues, and the national and social public interests have been infringed. In March this year, in accordance with the principle of territoriality, the hospital issued procuratorial recommendations to the local town governments responsible for protection and management in accordance with the law, requiring them to implement their protection and management responsibilities, conduct environmental remediation of the heritage areas and protected areas, and ensure the safety and historical integrity of the cultural relics. The style is complete. After
received the inspection recommendations, the town government required the contractor to immediately carry out environmental improvements. In May this year, when the hospital went to the cultural relic protection site to "look back", it found that factors affecting the safety of cultural relics still existed and that all the prosecutorial recommendations had not been implemented. In order to further improve the effectiveness of procuratorial recommendations, the hospital has contacted the United Front Work Department of the District Committee, the District Culture, Radio, Television, Tourism and Sports Bureau, and the town government many times to seek support in work. With the vigorous promotion of the hospital and the joint participation of relevant units, the cultural relic protection site has carried out large-scale environmental improvement work. Illegal buildings and sheds that ruined the style have been demolished, and the ruins and protected areas have been cleaned and cleaned. The overall appearance has been restored.
In order to prevent similar situations from happening again and give full play to the cultural value of the site, the hospital has communicated with all parties many times to coordinate the work of the monks from the Seven Pagoda Zen Temple to settle in the pagoda courtyard. Recently, Master Kexiang specially contacted the prosecutor handling the case and praised the work of public interest litigation: "The pagoda courtyard and monks' tombs of Qita Zen Temple have been included in the protection again. Thank you to the prosecutor for public interest litigation to solve the historical problems for our Qita Zen Temple ."
[Red Resource Protection]
The tomb of the martyrs has become a "check-in place" for red education
On May 20, 2022, the prosecutor of the Guan County Procuratorate of Shandong Province launched a special "Looking Back" activity for the protection of red revolutionary resources.
"Lower your head everywhere, bend your body at 45 degrees, and become humble like every tree, tree, brick, and tile in the cemetery, former residence, and old site..." Recently, when a reporter visited the Guan County Procuratorate of Shandong Province for an interview, at the Prosecutor Zhang Siqiang saw such a passage in his notebook. This is a poem that Zhang Siqiang excerpted from the tomb of the martyr Sun Limin after handling the administrative public interest litigation case of urging the protection of the tomb of the martyr Sun Limin. The purpose is to always remind himself to remember the martyrs and remember history.
Guan County is an old revolutionary area. There are currently 17 revolutionary cultural relics included in the protection lists at all levels, of which 15 are included in the first batch of immovable revolutionary cultural relics in the province.
In April 2021, the Guan County Procuratorate organically integrated public interest litigation prosecution with party history learning and education, and deeply integrated it with the protection of "Red Guan County". Through deployment, it carried out special supervision activities for public interest litigation on red revolutionary resource protection, focusing on 17 places in the county. The revolutionary cultural relics on the protection list will be reviewed and sorted out, and the judicial protection of red revolutionary resources such as revolutionary cultural relics and memorial facilities for heroes and martyrs will be comprehensively strengthened.
Under the guidance of the villagers of Tangsi Village of Chongwen Subdistrict Office, the prosecutor saw the tomb of martyr Sun Limin in the southwest of the village, which had been turned into an ordinary earthen tomb. The tombs of the martyrs are hidden in farmland filled with seedlings. There are no tombstones to introduce the lives of the martyrs, and there is no access road for the public to come in and pay their respects.
In September 2020, martyr Sun Limin was included in the "Third Batch of Famous Anti-Japanese Martyrs and Hero Groups" published by the State Council. In December of the same year, the tomb of martyr Sun Limin was included in the "First Batch of Immovable Revolutionary Cultural Relics List of Shandong Province". In accordance with legal provisions, relevant departments should set up protection instructions for revolutionary cultural relics, delineate the scope of protection, and designate dedicated personnel to be responsible for management. They should also improve relevant infrastructure and maintain a solemn, solemn, and clean environment and atmosphere to facilitate the public to pay their respects and mourn. So, why is the tomb of Martyr Sun Limin what it is now?
In order to further investigate and verify, the prosecutor once again went to Tangsi Village to understand the situation.
"In June 1939, the Japanese army occupied Guan County. Martyr Sun Limin joined the Guanbei Guerrilla Brigade led by the Communist Party. He joined the Communist Party of China in 1940 and served as the commander of the Guan County Independent Battalion of the Eighth Route Army in 1941." "September 1942, Martyr Sun Limin was seriously injured while fighting the Japanese and puppet troops in Baitaji and was captured. Faced with the torture of the Japanese invaders, he went on a hunger strike for seven days and cut off his lower limbs to die heroically. He was only 28 years old. "… Regarding the heroic deeds of martyr Sun Limin. , the villagers still know all their treasures.
In May 2021, the Guan County Procuratorate, after consulting with the County Culture and Tourism Bureau, the County Veterans Affairs Bureau, Chongwen Subdistrict Office and other departments, issued pre-litigation procuratorial recommendations to urge relevant departments to fully perform their protection and management responsibilities in accordance with the law and take effective measures. Measures should be taken to repair and renovate the facilities related to the tomb of Martyr Sun Limin and the surrounding environment. After
received the procuratorial suggestion, the relevant departments attached great importance to it, actively sought financial funds and contacted qualified units to erect martyrs' tombstones and cultural relics protection markers, and completed relevant supporting facilities and environmental improvement work in a timely manner. At the same time, they delineated and publicized the protection scope and construction control zone, signed an entrustment management agreement with a dedicated person, and strengthened daily protection and management.
On August 1, 2021, an unveiling ceremony was held at the tomb of martyr Sun Limin. Soon, the tomb of martyr Sun Limin became the "check-in place" for red education in Guan County.
Guan County is known as "Little Yan'an in northwestern Shandong". 2,652 revolutionary martyrs, including martyr Sun Limin, contributed their lives to the revolution and construction of New China. "There are hundreds of other scattered martyrs' tombs in the county, and their management and maintenance have more or less similar problems. We should establish a mechanism to centrally solve the problem." Zhang Siqiang, the prosecutor in charge of the case, put forward his own ideas.
In August 2021, the Guan County Procuratorate took the initiative to jointly establish a special action leadership group with the county Veterans Affairs Bureau and other departments to formulate the "Implementation Plan for the Special Action for the Management and Protection of Martyrs Memorial Facilities at and Below the County Level", further clarifying the The goals and standards for the management and protection of martyrs’ memorial facilities, as well as specific requirements for strengthening personnel allocation and strengthening the promotion of laws and policies.
So far, Guan County has repaired and protected 3 martyrs' memorial gardens, 4 national-level famous martyrs' tombs, and 123 scattered martyrs' tombs. The background of "Red Guan County" has become stronger.
"We will give full play to the role of the public interest litigation procuratorial function in the protection of red revolutionary resources, strive to handle one case, warn one area, and govern one area, with the attitude of 'stopping at the highest good', carry forward the revolutionary spirit, and The red gene is integrated into the blood of prosecutors and strives to achieve high-quality development of prosecutorial work," Chai Qingyun, secretary of the Party Leadership Group and Chief Prosecutor of Guan County Procuratorate, told reporters.
[Guarantee of the Rights and Interests of the Elderly]
Ensure that subsistence allowances are paid into the hands of the elderly
With the development of the economy and society, the issue of support for the "empty nest" elderly has attracted more and more attention from society. Recently, the Sixth Procuratorate Department of the Tianshui City Procuratorate of Gansu Province and the Wushan County Procuratorate jointly handled a public interest litigation case involving the protection of the rights and interests of the elderly involving support issues.
In March this year, while handling a case, the Wushan County Procuratorate discovered that 66-year-old Zhang was living in difficulty and helpless. Her husband and son had both passed away, and her daughter-in-law Lin had been living in other provinces with her grandson and granddaughter for a long time. The prosecutor further learned that in 2018, the government applied for the "single-household" subsistence allowance for Zhang, allowing him to enjoy the minimum living security fund in Gansu Province, but the minimum living security fund was directly paid to the household headed by Lin. In the "One Discount Pass" account. The account passbook is held and controlled by Lin. Lin has lived in other provinces for a long time and did not actually deliver the minimum living security fund to Zhang. Zhang has repeatedly reported to his village and town that the subsistence allowance was being used by his daughter-in-law, but it has never been properly resolved.
In addition, the Wushan County Procuratorate also found that it is not uncommon for the elderly to receive and use their minimum living allowances and pensions by their children or relatives. Some elderly people are limited by their feelings or their physical conditions and knowledge. ability, unable to assert rights on their own.
The Wushan County Procuratorate submitted the case to the higher-level procuratorate for instructions as a public interest litigation case in the field of protecting the rights and interests of the elderly. The Tianshui City Procuratorate concluded that Zhang’s minimum living allowance had been occupied and used by his relatives for a long time, which made his life difficult, had a negative impact on the local area, violated public order and good customs, was not conducive to social harmony and stability, and damaged social and public interests. As the responsible unit for organizing and implementing tasks for the elderly, the local government must do a good job in protecting the rights and interests of the elderly in its jurisdiction, strengthen the daily management of the minimum living security fund, and apply for a minimum living security fund issuance card for Zhang as soon as possible to protect the legitimate rights and interests of the elderly in accordance with the law. .
Immediately, the Wushan County Procuratorate issued pre-litigation procuratorial suggestions to the district government, suggesting that it improve the local minimum living security fund and the elderly care service system, strengthen supervision and management, and avoid the phenomenon that the elderly enjoy the policy and others enjoy the benefits, and in Carry out law-enhancing publicity on the protection of the rights and interests of the elderly within the jurisdiction, and effectively safeguard the legitimate rights and interests of the elderly. After receiving the procuratorial recommendation, the district government applied for an independent social security card for Zhang to ensure that the subsistence allowance payment was in place. At the same time, it organized efforts to conduct a comprehensive investigation of similar problems throughout the township, and set up electronic screens, pulled up banners, and conducted household publicity. Carry out legal education and publicity on the protection of the rights and interests of the elderly through various means, and further create a good legal atmosphere of respecting and respecting the elderly in the jurisdiction.
"We will give full play to our legal supervision functions, carry out special supervision of public interest litigation for the protection of the rights and interests of the elderly, actively and steadily carry out public interest litigation work in the field of support and support for the elderly, effectively improve the level of protection of the rights and interests of the elderly, and achieve Have something to rely on and feel happy to contribute to the procuratorial power," said Yang Yaoming, Secretary of the Party Leadership Group and Chief Prosecutor of the Tianshui City Procuratorate.
[Protect the growth of minors]
Shine a "red light" on places that illegally admit minors
"Have all personnel registered with their real names?" "Are there any minors entering?" "If adults bring minors with them People come in together, what will you do?”... Recently, the Procuratorate of the Kaifeng Urban-Rural Integration Demonstration Zone of Henan Province and the Public Security Bureau of the Demonstration Zone have conducted inspections on bars, KTV and other entertainment venues regarding the implementation of previously issued administrative public interest litigation pre-litigation procuratorial recommendations. Conduct follow-up surveys.
At the end of 2021, when handling criminal cases of minors, the court found that bars in the jurisdiction frequently admitted and recruited minors in violation of regulations, violating the " Minors Protection Law of the People's Republic of China " and " Entertainment Venue Management Regulations" " relevant provisions.After reviewing relevant information and conducting interviews, the hospital filed a public interest litigation case to investigate the illegal reception and employment of minors in the bar, and reported it to the District Culture and Tourism Bureau, District Public Security Bureau, District Human Resources and Social Security Bureau, and District The Market Supervision and Administration Bureau issued pre-litigation inspection recommendations, requiring it to increase supervision and punishment of bars that illegally admit and recruit minors, and establish a long-term supervision mechanism. The procuratorial suggestions issued by
cannot be dismissed at once and must be implemented in place. On February 15, 2022, the hospital jointly held a work promotion meeting with relevant departments, and once again clarified the specific responsibilities and rectification deadlines of each department. Yang Baoquan, secretary of the party group and prosecutor general of the hospital, said at the meeting: "Protecting the healthy growth of minors is the common responsibility of the whole society. Minors are prohibited from entering entertainment venues such as KTVs and bars. All departments need to jointly increase law enforcement." As of February 2022, the four administrative departments have responded to the procuratorial recommendations, stating that they will strengthen the study of Minor Protection Law, Minor Delinquency Prevention Law and other relevant laws, and conduct regular legal knowledge training , improve the supervision mechanism, increase rectification efforts and provide timely feedback on rectification results.
It is understood that the Public Security Bureau of the Urban-Rural Integration Demonstration Zone issued notices of ordering correction within a time limit to nine bars within its jurisdiction, ordering them to actively rectify, and stated that it would strengthen information verification and monitoring of bar employees and consumers in the future. The district's Culture and Tourism Bureau and the district's Human Resources and Social Security Bureau strictly require entertainment venues within their jurisdiction to review the information of employees, and bars and KTV entertainment performances should go through corresponding approval and reporting procedures. The District Market Supervision and Administration Bureau will severely deal with business entities that illegally recruit and accept minors in accordance with regulations.
Through the efforts of all parties, the rectification effects have begun to bear fruit. At present, no minors have been found entering local entertainment venues, and a "No Minors Entering" signboard has been placed in a conspicuous position at the entrance. The hospital will continue to follow up and supervise, carry out random inspections and surveys, insist on "looking back", and promote the formation of a long-term supervision mechanism.
Comments
Keep an eye on the hot spots of people's livelihood
Actively and steadily handle cases in new fields
Procuratorial exploration of new areas of public interest litigation not only makes the number of public interest litigation cases stable and progressive, but also helps to exert this public interest protection judicial system in the network ecology, humanistic environment, It plays an important role in the construction of ecological civilization and the protection of human rights in a wider space and deeper levels such as spiritual civilization.
The protection of cultural relics and cultural heritage is a new key area of procuratorial public interest litigation deployed by the Supreme People's Procuratorate. The Procuratorate of Yinzhou District, Ningbo City, Zhejiang Province connects the procuratorial supervision of public interest litigation with the democratic supervision of the United Front Work Department of the District Committee and members of the Chinese People's Political Consultative Conference. It coordinates with the cultural and tourism departments to urge the town government to implement territorial management responsibilities and jointly strengthen the Qita Zen Temple and the Monastery. The environmental protection and systematic management of the tombs won praise from members of the CPPCC. Demolishing illegal buildings and breeding pens is a temporary solution. Defining protected areas, conducting surveys and assessments of above-ground and underground cultural relics, and exploring historical and cultural connotations for active utilization are fundamental solutions. This further validates the use of cultural relics and cultural heritage as a specialized field to strengthen public welfare. The necessity and feasibility of judicial protection.
In addition to the protection of traditional cultural relics, the protection of red resources such as revolutionary cultural relics and memorial facilities for heroes has also been a special task deployed by the Supreme People's Procuratorate in recent years. The Guan County Procuratorate of Shandong Province actively strives for the attention and support of the county party committee and county government, activates regulatory responsibilities, subject responsibilities, and social responsibilities, promotes the revolutionary spirit of the famous heroes represented by martyr Sun Limin in the name of the country, and also pays tribute to more unknown heroes who are buried in scattered places. . Procuratorates across the country and relevant functional departments such as veterans' affairs have jointly sounded the "assembly call" to learn from the heroes and martyrs and jointly build the spiritual home of the Chinese nation.
"One old and one young" protection affects hundreds of millions of families and has a profound impact on a better life throughout the life cycle. Strengthening the protection of the rights and interests of the elderly and public interest litigation for the protection of minors is an innovative model that uses specific groups as the targets of protection to expand the scope of public interest litigation cases.The Procuratorate of Tianshui City, Gansu Province urged relevant departments to apply for independent social security cards to ensure the payment of subsistence allowances, effectively preventing the elderly from enjoying the policy while others enjoy the benefits. This is consistent with the Chongqing Rongchang District Procuratorate that was previously reported in the media. Just like the civil public interest litigation cases filed by the government against illegal support in the field of poverty alleviation, it has a demonstration and leading role in providing care for the elderly and filial piety. The procuratorate of Kaifeng City in Henan Province urged to rectify the problem of illegal admission of minors in entertainment venues. This is the same typical case in which the procuratorate of Haidian District in Beijing urged to rectify the problem of illegal sales of tobacco and alcohol around schools. It is worth summarizing and promoting.
(The author is Hu Tingting, prosecutor of the Eighth Procuratorate of the Supreme People's Procuratorate )
(Source: Procuratorate Daily Author: Lan Heng, Qian Honghong, Kuang Xue, Wen Qiuna, Nan Maolin, Liu Lixin, Sun Ke, Zhao Xinyi)
