"This is a big problem, a common problem."
Recently, in Jiangxi, at a unique forum, Zhang Jun, Secretary of the Party Group and Procurator General of the Supreme People's Procuratorate, responded to the question of representatives of democratic parties: "You have to put your heart in mind and seriously consider how to manage it in a human way. If you simply charge with the principle of more pollutants discharge, it is not conducive to fundamentally strengthening pollution prevention and control."
Representatives of the Eight Democratic Parties Vs Grand Prosecutors talked about the "Great Protection of the Yangtze River" - Such a forum has been held for four sessions. This year's "Fourth Procuratorial Forum for Service and Guaranteeing the Development of the Yangtze River Economic Belt" continues the characteristics of previous years. Representatives of various democratic parties asked sharp questions, and the Grand Prosecutors answered on the spot!
It is worth mentioning that after the Office of the Leading Group for Promoting the Development of the Yangtze River Economic Belt issued the "Implementation Plan for the Development of the Yangtze River Economic Belt in September last year, the Supreme People's Procuratorate organized 11 provinces and cities to lead a special topic to solve the problem. During the on-site investigation, the representatives learned about the most real government difficulties and procuratorial difficulties. The questions raised were incisive, and every sentence was closely linked to key issues and key links -
"This problem It is particularly important. This is the most critical problem encountered by the procuratorate in promoting tailings governance and the biggest problem. "
" The reduction of pesticides and fertilizers is indeed a regulatory problem!"
" The procuratorate filed a public interest litigation on this matter, but the legal basis is insufficient." At the meeting, Vice Chairman and Secretary-General of the Central Committee of the Democratic Progressive Party Gao Youdong made a speech on behalf of various democratic parties. Li Huidong, Vice Chairman of the Central Committee of the China Democratic League, Xie Jingrong, Vice Chairman of the Central Committee of the China Democratic League, Gao Feng, Vice Chairman of the Central Committee of the China Democratic League, Yang Zhen, Vice Chairman of the Central Committee of the China Democratic League, Cao Hongming, Vice Chairman of the Central Committee of the China Democratic League, Yin Hong, and Li Yuefeng, Executive Vice Chairman of the Central Committee of the Taiwan Democratic League, attended the meeting.
Zhang Jun clearly proposed that we should implement the "joint protection" with greater efforts and more practical measures. The procuratorate should actively support and cooperate with the central and non-party members of the democratic parties to carry out special democratic supervision on ecological environment protection of the Yangtze River. The procuratorates along the river should be more proactive in seeking the leadership of the Party Committee and the government, consciously integrate into the overall local development situation, and be good at transforming the Yangtze River protection issues reflected in the suggestions and proposals of representatives and deputies into clues of public welfare protection cases, and promote the resolution of problems through the supervision of the National People's Congress and the consultation of the CPPCC.
first communicate, then Q&A, representatives of democratic parties and the prosecutors interacted frequently, and the forum was full of highlights -
Q1
年名网址: Jiangxi has a "three-color" culture: red, green, and ancient, and the people also hope to add a golden color that represents wealth. How can Jiangxi understand and grasp the relationship between the "three colors" and gold in the industrial pollution that is under key control?
Jiangxi Provincial Procuratorate Tian Yunpeng: The procuratorate performs its duties as a "great protection" and "creating gold" articles, and only by living up to the green mountains can you win gold. The procuratorate benchmarks the important requirements of creating the "Jiangxi Model" of Beautiful China, actively implements the concept of " green waters and green mountains are gold and silver mountains ", focuses on serving the overall construction of National Ecological Civilization Experimental Zone , fully performs ecological procuratorial functions, deploys special supervision activities such as "five rivers, one lake and one river" and "protecting Poyang Lake ", actively integrates into key waters in the Yangtze River Basin to ban fishing and withdrawal, actively participates in the battle to defend blue sky, clear water and clean land, and fully serves to fight the tough battle against pollution, coordinates the rectification of mountains, rivers, forests, fields, lakes, grasslands and sand systems, and uses the most stringent rule of law to protect the ecological environment, and helps protect the "family foundation" of Jiangxi's green development.
Q2
DPP Central Representative Li Xiaoying: At present, the excessive use of pesticides and fertilizers is two major agricultural non-point source pollution, which has become an important factor affecting the quality of water bodies, but it is difficult to supervise the effect of reducing pesticides and fertilizers. Is there any problem in Zhejiang's digital reform in this regard?
Procurator-General of Zhejiang Provincial Court Jia Yu: Reducing pesticides and fertilizers is indeed a regulatory problem. Due to the traditional fertilization habits of the masses and the difficulty in showing the use of chemical fertilizers and pesticides, both administrative supervision and procuratorial supervision are difficult to show. Some local procuratorates in Zhejiang have explored this aspect: First, rely on the digital supervision platform to collect case clues.For example, the Public Interest Litigation Procuratorate Command Center of Quzhou Municipal Procuratorate discovered clues of case cases of pesticide packaging waste through connecting with the four platforms of grassroots governance, and deployed special supervision. While standardizing and improving the waste recycling system, it promoted relevant departments to promote the planting of green technologies such as honey-source plants, sex pheromone lures, and insecticide lights, and 4 tons of pesticide use by " green prevention and control "; second, share data to achieve real-time monitoring and early warning of water quality; third, promote pesticide fertilizer reduction through procuratorial supervision. In accordance with the requirements of "digital empowerment supervision, supervision and promotion of governance", on the basis of digital case handling, urge and cooperate with administrative agencies to strengthen the reduction of pesticide and fertilizers, and form a joint force for agricultural non-point source pollution prevention and control.
Q3
Representative of the Central Committee of the Taiwan Development Zone League Chen Yong: Zhejiang's procuratorate explores big data legal supervision and is it possible to talk about the development vision in this regard in response to agricultural non-point source pollution?
Procurator General Jia Yu of Zhejiang Provincial Court: Implementing the procuratorial big data strategy and carrying out big data legal supervision can provide strong support for agricultural non-point source pollution, and there are already good exploration and practice in judicial practice. The next step is to expand the point of agricultural non-point source pollution control to the surface, promote comprehensive governance and systematic governance. Grassroots procuratorates should have a deeper understanding that doing a good job in agricultural non-point source pollution control is related to the interests of the broad masses of people. They should actively perform their duties through public interest litigation, reduce non-point source pollution, improve the quality of agricultural products, increase farmers' income, enhance the people's sense of gain, and promote the green and sustainable development of agriculture.
Q4
年0年同年同年同年同年同年同年同年同年同年同年同年同年: The charging standards for the collection and treatment of ship sewage are inconsistent in Hubei. Can the procuratorate file a public interest litigation and request the court to order relevant government departments to uniformly charge the charging standards?
Procurator-General of Hubei Provincial Court Wang Shou'an: The procuratorate filed a public interest lawsuit and requested the court to order relevant administrative agencies to unify charging standards. The main reason is that administrative agencies must have legal basis for implementing administrative management and judicial authorities to carry out supervision. However, the Ministry of Transport and the National Development and Reform Commission " Port Charging Measures " has clearly included ship sewage collection and treatment service fees in the scope of market regulation, and port operators independently formulate charging standards based on market supply and demand and competition conditions, production and operation costs and service content. Other regulations issued by the Ministry of Transport and other ministries only propose to encourage the free acceptance of ship domestic sewage, and do not include this fee in the government guidance price or government pricing. According to the relevant provisions of in the price law of , administrative agencies shall not implement price intervention beyond pricing authority and scope. Therefore, they cannot be required to formulate a unified charging standard for ship sewage collection and treatment service fees. The procuratorate filed a public interest lawsuit on this matter, but the legal basis is insufficient.
However, the cost standards for ship sewage collection and treatment services are different, resulting in ships selectively collecting and delivering pollutants, which inevitably affects the enthusiasm of areas with free reception or low fees, and restricts the comprehensive and systematic improvement of pollution prevention and control capabilities of ships and ports in the Yangtze River Economic Belt. Although public interest litigation cannot be filed, the procuratorate may still be able to perform its duties and make a difference. According to the current relevant regulations, free reception of domestic sewage in ships is the development direction encouraged and guided by the state. Without a legal basis, it is not feasible that port enterprises, receiving units, etc. bear this part of the cost entirely, and local governments must increase their support. Under the unified command of the Supreme People's Procuratorate, the procuratorate along the river can promote local governments along the river to increase financial support through appropriate methods such as social governance procuratorial recommendations and public hearings, gradually reduce the charging standards, and ultimately achieve free acceptance in the entire river basin.
Q5
Representative of the Central Committee of the China Democratic League Qi Xiaohong: Hubei has a special status. The Yangtze River Basin Supervision Bureau of the Ministry of Ecology and Environment, the Yangtze River Basin Committee of the Ministry of Water Resources, and the Yangtze River Maritime Bureau of the Ministry of Transport are located in Wuhan. Have the Hubei procuratorate established a working relationship with these dispatched agencies and what impact will it have on the procuratorial case handling?
Procurator-General Wang Shou'an of Hubei Provincial Court: The procuratorate has established close working ties with the Yangtze River Basin Supervision Bureau of the Ministry of Ecology and Environment, the Yangtze River Committee of the Ministry of Water Resources, and the Yangtze River Maritime Bureau of the Ministry of Transport, and has formed an administrative and judicial coordination and linkage force in the protection of the Yangtze River. For example, in terms of mechanism construction, as early as November 2018, the Hubei Provincial Procuratorate signed a cooperation agreement with the Yangtze River Water Conservancy Commission and the Yangtze River Navigation Administration (the superior unit of the Yangtze River Maritime Bureau ) to reach a consensus on the establishment of a three-party information sharing mechanism, work cooperation mechanism, cadre exchange mechanism, normal contact mechanism, etc., and jointly promote the "three water co-governance" of Yangtze River water pollution control, water ecological restoration, and water resource protection.
In terms of specific work, the Hubei Provincial Procuratorate issued a social governance procuratorial recommendation to the Yangtze River Navigation Administration Bureau of the Ministry of Transport in December 2020 in response to the loopholes in illegal sand mining management in the Yangtze River Basin discovered in the special campaign to combat organized crime and eliminate evil in recent years, and urged relevant administrative agencies to increase the rectification of "three-no" ships in accordance with the law, and work together to protect the ecological environment and embankment safety of the Yangtze River Basin.
Q6
Democratic National Construction Association representative Ding Liangchun: Tailings pollution such as the "manganese triangle" is a historical problem. If the enterprise leaves or collapses, the burden of tailings governance is on the shoulders of the government, but the financial resources of Hunan local governments are not rich. How do the procuratorate priorities in public interest litigation for tailings governance?
Procurator-General of Hunan Provincial Court Ye Xiaoying: This issue is particularly important. This is also the most critical problem encountered by the procuratorate in promoting tailings governance, the biggest problem, and the government considers the most difficult part. In tailings governance, the government fulfills its local management responsibilities and enterprises assume the main responsibility for governance. From the perspective of responsible parties, tailings pond is roughly divided into two types: one is a main tailings pond, that is, a tailings pond that can be found where the responsible party is responsible; the other is a bossless tailings pond, that is, a tailings pond that is difficult to find the responsible party. This kind of tailings pond is generally formed in a relatively long time and is currently idle and unmanaged for a long time.
"The enterprise has left or collapsed", most of which form unowned tailings ponds. In the "Manganese Triangle" mining pollution control, even if there are major companies, most companies do not have the ability to manage or compensate. According to the principle of "who pollutes, who controls", we first look for the responsible parties for governance. The problem facing the "manganese triangle" now is that there are many mines without masters. Generally speaking, the government can only manage the basic management first and then start the recovery process according to the circumstances.
In public interest litigation for tailings management, the procuratorate mainly grasps two principles: one is to be active but not impulsive. We insist on integrating support into supervision, communicate fully with the government and its administrative agencies, and help without causing trouble; second, we must not be offside. Make full use of the statutory responsibilities such as public interest litigation to urge and assist the government in orderly and safely handling of tailings ponds.
We generally follow the principle of "urgent first and slow down" to urge and support the government to first manage five types of databases: one is the "top warehouse" that seriously threatens the safety of people's lives and property (tailings ponds with residents or important facilities within one kilometer downstream); the second is the "three-side warehouse" that seriously affects the living environment (tailings ponds near the riverside, riverside, lakeside, or located in the upper reaches of the drinking water source for residents); the third is the tailings ponds that are disclosed within a time limit for rectification by the central environmental protection inspection and the warning section of the Yangtze River Economic Belt; the fourth is the tailings ponds that enterprises intend to pass the blame and have obvious subjective malicious intentions; the fifth is the tailings ponds that are of demonstration significance for local tailings control. For other tailings ponds, we urge and support the government to formulate scientific and reasonable governance plans, which will be easy first and then difficult, and will be promoted in a classified manner.
Q7
Jiu San Society Central Representative Zhang Ying: According to the water quality monitoring of the national-controlled section, the water quality at the junction of the upper reaches of the Jialing River and Shaanxi is Class II water, and the water quality at the junction of the lower reaches of the Jialing River and Chongqing is also Class II water. Is it understandable that there are no clues to pollution problems that need to be handled in the water ecological protection of the Jialing River?
Procurator-General of Sichuan Provincial Court Feng Jian: Water quality inspection of the Jialing River inlet and exit sections is both Class II water. All sectors of society, including the procuratorate, believe that the ecological environment protection of the Jialing River Basin has achieved significant results. But it is understood that this does not mean that there is no case for water ecological protection of the Jialing River. First, there are many clues in the problems found by the in the Central Environmental Protection Inspection Team involving illegal sand mining, coastline protection, tributary water pollution, mines and tailings control in the main stream of the Jialing River; second, the downstream river chief office, administrative agencies, and procuratorates also transferred many clues of case to us; third, we independently discovered a number of clues in the ship pollution special operation, including from July 4 to 8 this year, the Ship Pollution Task Force of the Eighth Procuratorate of the Sichuan Provincial Court discovered that some operating ships in some places (Suining) leaked fuel oil, engine oil, oil, , and directly discharged domestic sewage; ships in some places ( Guang'an ) were renovated, polished, and painted the hulls in the river. It can be said that strict water ecology protection is always on the road.
Q8
Li Xiang, Representative of the Central Committee of the China Democratic League: Taking this opportunity, I want to understand how the Sichuan procuratorial system coordinated and handled cases with procuratorial organs in Yunnan, Qinghai, Guizhou and other places in the upper reaches of the Yangtze River to achieve the effect of river basin protection?
Procurator-General of Sichuan Provincial Court Feng Jian: Next step, the procuratorate will earnestly implement the "Regulations on the Protection of Ecological Environment in the Jialing River Basin in Sichuan Province", and increase efforts to handle a number of cases involving the integrity index, water pollution, and coastline protection of the Yangtze River Basin, and promote the governance of water environmental in the Jialing River Basin to a new level.
column editor: Zhang Wu Text editor: Song Hui Title picture source: Tu Chong Picture editor: Su Wei
Source: Author: Supreme People's Procuratorate
