Recently, the Supreme People's Procuratorate issued the second batch of typical cases of public interest litigation to supervise and rectify illegal mining, guiding procuratorial organs at all levels to continue to intensify their efforts in handling cases, improve the quality and effectiveness of handling cases, strengthen cooperation with criminal procuratorates and relevant administrative departments, and form a deterrent situation against crimes in this field through joint performance of their duties. The typical cases
released this time include 10 cases of civil public interest litigation of Nanjing Procuratorate of Jiangsu Province against Wang Mou-mou for illegal mining and ecological damage. Illegal mining of mineral resources is mainly manifested in unlicensed mining, cross-border mining, exploration instead of mining, overdue mining and so on, with various and overlapping illegal forms. The typical cases released this time also involve the supervision and rectification of various illegal mining activities. For example, the procuratorial organ of Pingxiang City, Jiangxi Province, urges the administrative organs to perform their duties in accordance with the law by instituting administrative public interest litigation in response to the administrative organs'negligence in performing their duties for the illegal mining of mineral resources beyond the approved scope. Cases in the field of
illegal mining often involve a wide range, a long time span, a large number of illegal acts and constitute criminal offences, many cases also involve evil forces, most of the case clues come from criminal cases, a case often involves many defendants. These typical cases also reflect that the procuratorial organs, through handling a series of cases and adopting various supervision methods, give full play to the different functional advantages of administrative public interest litigation and civil public interest litigation, and form a joint force with criminal procuratorial departments, public security organs and natural resources authorities to combat illegal mining, fully reflecting the role of procuratorial integration in performing their duties.
Reporters learned that in recent years, the procuratorial organs handled cases in the field of illegal mining, illegal sand mining cases accounted for about 46%, such violations are quite common, these typical cases are also reflected. In addition, criminal incidental civil public interest litigation cases account for a large proportion. According to the data, the proportion of criminal incidental civil public interest litigation cases in this field is more than one third. The person in charge of the Eighth Procuratorate Office of the Supreme People's Procuratorate introduced that this is related to the characteristics of cases in the field of illegal mining. Most of the cases in this field involve criminal offences. Most of the case clues are transferred by public security organs or criminal procuratorial departments. The large proportion of criminal incidental civil public interest litigation cases is also in line with the actual situation. The proportion of criminal incidental civil cases in the typical cases released this time is 30%.
The person in charge said that in order to standardize the process of handling cases in the field of illegal mining and further improve the quality and effectiveness of handling cases, the Supreme Procuratorate will issue guidelines for supervising and rectifying public interest litigation cases in the field of illegal mining in the near future, and strengthen training and research in conjunction with the issuance of guidelines for handling cases.
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