Recently, the Supreme People's Procuratorate issued a typical case of the central ecological environment protection supervision and rectification, including a case of illegal sand mining litigation.
1． Inner Mongolia Autonomous Region Procuratorate v. Baotou Company Hazardous Waste Pollution Civil Public Interest Litigation
2. Guangxi Zhuang Autonomous Region Procuratorial Organ v. a Company Rare Earth Project Environmental Pollution Public Interest Litigation Series
3. People's Procuratorate of Sanya City, Hainan Province v. Sanya Company for Illegal Occupation of Nature Reserve Civil Public Interest Litigation
4. Guiyang People's Procuratorate of Guizhou Province v. Guizhou Company for Illegal Occupation of Agricultural Land Civil Public Interest Litigation
5. Shanxi Jinzhong City Procuratorate v. a Coal Gasification Company Air Pollution Civil Public Interest Litigation Case
6. Beijing Changping District People's Procuratorate v. a Stone Company for Illegal Occupation of Agricultural Land and Illegal Mining Criminal Incidental Civil Public Interest Litigation
7. The People's Procuratorate of Yichun City, Jiangxi Province, urges the administrative public interest litigation case of
illegal sand mining along the yuanhe River to be rectified. The People's Procuratorate of Longgang City, Zhejiang Province, urges the rectification of the administrative public interest litigation case of
environmental pollution caused by garbage dumps in the reclamation area of the new town. Shanghai Songjiang District People's Procuratorate Supervise and Rectify Xiaokunshan Town Landfill Pollution Administrative Public Interest Litigation Case
10. The procuratorial organs of Hunan Province supervised and supported the people's government of Xiangxi Prefecture to carry out compensation
for ecological environment damage to a manganese company. The People's Procuratorate of Yichun City, Jiangxi Province Supervised and Rectified the Administrative Public Interest Litigation Case of Illegal Sand Mining along the yuanhe River:
[Key Words]
Administrative Public Interest Litigation Pre-litigation Procedure, Mass Complaints, Illegal Sand Mining, Procuratorial Functions, Coordinated System Governance
[Key Words]
In view of the problem of illegal sand mining reflected in the letters and visits of the central ecological environment protection inspectors, the procuratorial organs should perform their duties actively according to law, strengthen the coordination between public interest litigation prosecution and criminal prosecution, urge the administrative organs to fully perform their duties according to law, and at the same time carry out criminal case filing supervision according to law, and investigate the criminal responsibility of the main body of illegal acts and the responsibility of ecological environment damage.
[Basic facts of the case]
Since 2009, Pan has gathered more than 10 people, including Fan, from Xicun Town, yuanzhou District, Yichun City, to illegally mine sand between the Zhejiang-Jiangxi Railway and the yuanhe River embankment for a long time in the name of opening a leisure farm. The illegal discharge of the sand and gravel processing plant operated nearby has blocked the river and seriously polluted the environment. Although the administrative organs have investigated and urged rectification, the problem of illegal sand mining continues, and some river embankments have been damaged, causing damage to the ecological environment and endangering railway safety.
[Investigation and supervision of performance]
In April 2021, the second round of letters and visits from the central ecological environment protection inspectors reflected this problem. After receiving the letters and visits, the Yichun People's Procuratorate (hereinafter referred to as the Yichun People's Procuratorate) inquired through the 12345 government service platform that from May 2021 to November 2021, there were as many as 17 complaints about illegal sand mining in the areas involved. In November 2021, a field visit by Yichun Institute found that several large excavators were mining sand, and a mine of more than 50 mu and more than 10 meters deep had been formed on the site. Because of the complex clues and the strong reaction of the local people, the Yichun Municipal Court decided to file a case directly with the administrative public interest litigation. After collecting the feeding and sales records of sand and gravel processing enterprises and sales enterprises, inquiring about the track of sand and gravel transport vehicles, and commissioning satellite remote sensing monitoring and analysis of the duration of illegal sand mining and the change of sand mining area, Yichun Municipal Court finally found out that Pan Mou and Fan Mou, in the name of setting up leisure farms, had been in Xicun Town for a long time. The mining area reached 38594 square meters, more than 200000 tons of sand and gravel were mined, some river embankments were damaged, the local ecological environment was seriously damaged, and the national mineral resources were lost. On November 30,
2021, the Yichun Municipal Court issued procuratorial suggestions to the Yichun Municipal Water Conservancy Bureau to urge it to perform its supervisory duties. As the sand mining site is close to the yuanhe River and the excavation area is large, the water conservancy department and the natural resources department have different supervisory responsibilities. In order to urge the two departments to perform their duties in coordination, on January 7, 2022, the Yichun Municipal Court organized a hearing to further clarify the supervisory responsibilities of the two departments. On January 11 of the same year, the Yichun Municipal Court issued procuratorial suggestions to the Yichun Natural Resources Bureau to urge it to perform its duties in accordance with the law. Because the problem of illegal sand mining lasted for a long time, involved a large amount of money and caused serious ecological damage, the Yichun Municipal Court also copied the procuratorial suggestions to the Municipal River Chief Office. Yichun Water Conservancy Bureau and Yichun Natural Resources Bureau attached great importance to the joint investigation and punishment of illegal sand mining sites, ordered all illegal sand mining sites to stop mining, and urged the offenders to carry out ecological restoration of river beaches and grasslands along the coast by bulldozing cofferdams.
In order to strengthen the effect of public interest protection, the public interest litigation procuratorial department of Yichun Municipal Court transferred the clues of suspected illegal mining crimes to the criminal procuratorial department. After receiving the clues, the criminal procuratorial department promptly initiated the supervision of filing a case, prompting the public security organs to file a case of 17 people. In view of the ecological environment damage caused by illegal sand mining, the People's Procuratorate of yuanzhou District of Yichun City filed a criminal incidental civil public interest lawsuit, claiming compensation for the cost of ecological restoration of more than 4.3 million yuan.
On the basis of case handling, Yichun Municipal Court has deployed special supervision activities for public interest litigation of illegal mining damage to the ecological environment throughout the city. At present, 20 cases of administrative public interest litigation have been filed, 93,600 tons of illegally exploited mineral resources have been recovered, and 197.4 mu of forest land and arable land have been restored. At the same time, the innovative use of the "procuratorial suggestion + investigation report" mode of handling cases to submit special investigation reports to the Municipal Committee and the Municipal Government has been approved by the main leaders of the Municipal Committee and the Municipal Government.
[Typical Significance]
The procuratorial organs take the initiative to investigate and find out the "big problems" repeatedly reported by the masses from the letters and visits of the central ecological environment protection inspectors, and focus on promoting the rectification of the problems based on the procuratorial functions. In view of the overlapping functions of administrative organs and the untimely implementation of rectification, the administrative organs are urged to perform their duties in an all-round and coordinated manner through procuratorial suggestions and public hearings before administrative public interest litigation. In handling cases, we should pay attention to the integration of procuratorial functions, supervise the criminal filing of public security organs, synchronously intervene in guiding investigation, comprehensively investigate and collect evidence, and initiate criminal incidental civil public interest litigation according to law, so as to form a joint force of public interest protection.
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