What litigation cases need to be expanded to strengthen law enforcement supervision?

Expand the scope of public interest litigation cases. Why does the scope of public interest litigation need to be expanded? 20 14,10 In June, the Fourth Plenary Session of the 18th CPC Central Committee clearly put forward "exploring the establishment of public interest litigation system of procuratorial organs". The establishment of procuratorial public interest litigation system has made a "national team" in the field of public interest litigation. It is understood that according to the provisions of the current Civil Procedure Law, the Administrative Procedure Law and the Law on the Protection of Heroes and Martyrs, the scope of public interest litigation of procuratorial organs is "4+ 1", namely, the protection of ecological environment and resources, food and drug safety, the protection of state-owned property, the transfer of state-owned land use rights and the protection of the rights and interests of heroes and martyrs. However, when the Civil Procedure Law and the Administrative Procedure Law were revised on 20 17, and the system of public interest litigation by procuratorial organs was clearly written into these two laws, the word "equality" was added after the clearly listed cases, which means that procuratorial public interest litigation has left room for the protection of other considerable public interests in addition to the areas clearly stipulated by the law. In Hangzhou, the Beijing-Hangzhou Grand Canal is a cultural card. It is the choice of many citizens and tourists to feel the charm of the Millennium Canal by taking the water bus. However, some people stopped at the "last 10 meter" of docks and passenger ships because of their small steps. In March 2020, Gongshu District Procuratorate of Hangzhou City, Zhejiang Province found that there were only steps between the entrance and exit of Chen Gong Bridge and Fang Xinyi Passenger Terminal, and there were no barrier-free ramps and wheelchairs, which violated the relevant provisions of the Measures for Implementing the Regulations on Barrier-free Environment Construction in Zhejiang Province. In view of the above problems, Gongshu District Procuratorate issued a pre-litigation procuratorial proposal for administrative public interest litigation to Hangzhou Port and Shipping Bureau, urging functional departments to rectify the above two passenger terminals and carry out special rectification to effectively protect the legitimate rights and interests of special groups. With the promotion of procuratorial organs, barrier-free facilities in two passenger stations have been put in place. The barrier-free access rate of the passenger terminal undertaking the city's public water services is 78%, and the wheelchair allocation rate is 85%. "Barrier-free facilities are not exclusive to disabled people, but also benefit many groups with special needs and are closely related to the interests of the public." Lai, deputy director of the Sixth Procuratorate of Hangzhou Procuratorate, said that as a representative of public interests, procuratorial organs are duty-bound to promote the construction of barrier-free environment. On June 5438+ 10, 2020, Hangzhou Procuratorate deployed a special supervision action to promote barrier-free public interest litigation in the whole city, mainly involving eight categories, such as blind roads attached to municipal facilities being illegally occupied or damaged and footbridges not equipped with barrier-free facilities. By June 365438+1October 3 1 in 2020, the procuratorial organs in Hangzhou had handled 33 barrier-free special administrative public interest litigation cases, involving 25 illegal points 125 that violated the mandatory provisions of laws and regulations and national standards.

Hangzhou's protection of public interests from the perspective of people's livelihood is only a microcosm of the national procuratorial organs' exploration and expansion of the scope of procuratorial public interest litigation cases. From June to September, 2020, there were 65,438 cases, and the national procuratorial organs handled 15046 cases in other fields, accounting for 16.7% of all public interest litigation cases, among which the number of cases in other fields in pre-litigation procedures increased by1.7 percentage points year-on-year.

Cultural relics and cultural heritage have become the new focus. Dunhuang Mogao Grottoes in Gansu Province is a world cultural heritage and a national key cultural relic protection unit. However, since 1996, in the construction control zone of the Lower Mogao Grottoes in Sanyan Mountain, Dunhuang, five stone factories and placers violated the prohibition regulations on cultural relics protection, and during the operation, they bombed mountains and quarried stones, dug piles indiscriminately and destroyed the shape of the mountain. The dust produced by production operations poses a hidden danger to the ecological environment, landscape image and cultural relics safety of the Mogao Grottoes, and at the same time causes great troubles to the living environment and physical health of the surrounding residents. Since 20 16, although the relevant departments have repeatedly urged rectification, the illegal activities have not been effectively curbed. 20 19, 1 1, the clues of cases reported by the masses were handed over to the procuratorate of Dunhuang City, Gansu Province for handling. Because the case involves many departments with administrative supervision responsibilities and their functions overlap, Dunhuang Procuratorate issued pre-litigation procuratorial suggestions to four administrative units with direct supervision responsibilities by way of announcement on June 5438+1October 65438+May, 2020, requiring all units to fulfill their supervision and management responsibilities and eliminate cultural relics and environmental safety hazards as soon as possible. Moreover, on April 25th, the Dunhuang Procuratorate organized a round table meeting to implement the rectification, in which more than 20 people, including provincial and municipal cultural relics departments, Dunhuang Municipal Government, Dunhuang Research Institute, municipal natural resources bureau, some NPC deputies and CPPCC members, attended. * * * The related matters of stone factory shutdown and exit were solved through negotiation, which was helpful to the cultural relics of Mogao Grottoes and the environmental protection of three-dimensional mountain scenic spots. "At present, the procuratorial organs are deploying and promoting the field of cultural relics and cultural heritage as the focus of new areas of public interest litigation." Hu Weilie, director of the Eighth Procuratorate of the Supreme People's Procuratorate, said that at the National People's Congress in recent years, NPC deputies and CPPCC members put forward dozens of suggestions and proposals on public interest litigation in the field of cultural relics and cultural heritage protection; At the same time, National Cultural Heritage Administration and the Ministry of Housing and Urban-Rural Development also pay close attention to the practice of procuratorial public interest litigation in the field of cultural relics protection and conduct special research, hoping to strengthen the protection of cultural relics and cultural heritage with the help of the function of procuratorial public interest litigation. "On the whole, from the top-level design of the central government to the local legislation, and then to the relevant functional departments, there is a high degree of understanding about giving full play to the function of procuratorial public interest litigation, effectively activating and improving the level of cultural relics management capabilities, and promoting the formation of protection synergy." Hu Weilie said that by the end of June 2020, 5438+0 1, 23 provincial people's congress standing committees had made special decisions to strengthen procuratorial public interest litigation, among which 17 explicitly included the protection of cultural relics and cultural heritage in the new field of public interest litigation.

Handling a case, managing the building to make way for the substandard railway safety distance, the procuratorial organ issued a pre-litigation procuratorial suggestion, and urged the administrative organ to strictly regulate the examination and approval of railway-related building planning permission; Villagers rushed into the railway line safety protection zone, forcing the train to stop. Procuratorial organs urge and coordinate government agencies, railway departments and villagers who raise horses to participate in governance. On February 24th, 2020, the Supreme People's Procuratorate and China Railway Corporation jointly issued a typical case of public interest litigation in the field of railway safety production 10. "Make full use of procuratorial public interest litigation to promote the management of safety hazards along the high-speed rail." Wei Nanzhen, Minister of Enterprise Management and Legal Affairs of China Railway Corporation, said that during the centralized rectification of the external environment of China Railway Corporation's high-speed rail on 201910/0, China Railway Corporation, together with the public security organs, set up a law enforcement monitoring group to transfer key safety hazards along the high-speed rail to the procuratorate as public interest litigation clues. After the General Assembly War, the law enforcement inspection team continued to strengthen cooperation and cooperation with the procuratorial organs, handed over relevant clues, and the procuratorial organs extended their case-handling functions, promoted the supervision of similar cases, and continued to follow up and supervise the security risks along the railway that could not be solved in a short time, handling a number of typical cases. Public interest litigation cases in the field of railway safety production generally have the characteristics of cross-division, cross-department and strong professionalism. The causes of potential safety hazards along the railway are complex, the treatment is difficult, and the responsible subjects are diverse, which often becomes a long-standing problem that puzzles both the road and the land. "As a third-party force, the procuratorial organ intervened in the rectification of hidden dangers related to railway safety through public interest litigation, built a platform for consultation and exchange for all parties, and urged functional departments, local governments and railway departments along the railway to perform their duties according to law, forming a joint force and achieving the effect of one case and one management." Hu Weilie said. The work report of the Supreme People's Procuratorate in 2020 proposes to standardize the procuratorial work of public interest litigation, expand the scope of handling cases, and actively and steadily handle public interest damage cases in the fields of safety production, public health, biosafety, protection of women's and children's rights and interests, network infringement, poverty alleviation, and protection of cultural relics and cultural heritage. "To expand the scope of accepting cases of public interest litigation, we must closely focus on the major decision-making arrangements of the central government and the implementation of laws, and work together to solve the problems of national governance, especially the outstanding problems that plague the people's better life." Qiu Jinghui, the procurator of the Eighth Procuratorate of the Supreme People's Procuratorate, said that "actively and steadily" exploring new areas of public interest litigation, the "positive" side is to adhere to a high degree of responsibility to the people, be brave in taking responsibility and take the initiative; In terms of "safety", we should uphold the spirit of the rule of law and rationality, base ourselves on the orientation of procuratorial function of public interest litigation, grasp the procedures and substantive norms of handling cases, focus on key areas, pay attention to the quality and efficiency of handling cases, do a good job in investigation and evidence collection, investigation and demonstration, and public opinion judgment, and win the support of all parties.