| Twenty-Six Model Cases regarding Public Interest Litigation Published by the Supreme People's Procuratorate | | 最高人民检察院发布26件公益诉讼典型案例 |
| ([2019]) | | （2019年） |
| In the morning of October 10, the Supreme People's Procuratorate held a press conference of “insisting on a people-centered approach and comprehensively carrying forward the procuratorial work of public interest litigation,” at which the work progress of public interest litigation by procuratorial organs across the country and the progress of the ad hoc supervision activities of procuratorial public interest litigation concerning “ensuring the safety of every bite of food for thousands of households” since July 2017 were reported. Twenty-six model cases regarding public interest litigation were published during the conference, including seventeen cases for the second anniversary of the comprehensive implementation of public interest litigation and nine cases regarding the ad hoc supervision activities of “ensuring the safety of every bite of food for thousands of households.” | | 10月10日上午，最高人民检察院召开“坚持以人民为中心 全面推进公益诉讼检察工作”新闻发布会，通报2017年7月以来全国检察机关公益诉讼工作情况，以及“保障千家万户舌尖上的安全”检察公益诉讼专项监督活动工作情况。会上发布了公益诉讼典型案例共26件。其中，公益诉讼全面实施两周年案例17件，“保障千家万户舌尖上的安全”专项监督活动案例9件。 |
| Model Cases for the Second Anniversary of the Comprehensive Implementation of Procuratorial Public Interest Litigation | | 检察公益诉讼全面实施两周年典型案例 |
| (17 Cases) | | （17件） |
| Cases regarding Procedures before Administrative Public Interest Litigation | | 行政公益诉讼诉前程序案例 |
| 1. A series of cases regarding illegal stacking of solid waste and damage of the ecological environment in the Wuhui Levee of the Yangtze River in Qingshan District, Wuhan City, Hubei Province | | 1.湖北省武汉市青山区长江武惠堤段违法堆存固体废物破坏生态环境系列案 |
| 2. A series of public interest litigation cases regarding underground water resource protection in Wenquan Township, Anning City, Yunnan Province | | 2.云南省安宁市温泉地下水资源保护公益诉讼系列案 |
| 3. A case regarding illegal occupation of land and destruction of resources and environment by gravel enterprises along the Weihe River in Fufeng County, Shaanxi Province | | 3.陕西省扶风县渭河沿线砂石企业违法占地破坏资源环境案 |
| 4. A public interest litigation case regarding outstanding land transfer fees owed by Hunan Changde Jinze Real Estate Co., Ltd., et al. | | 4.湖南省常德市金泽置业有限公司等欠缴土地出让金公益诉讼案 |
| 5. A public interest litigation case regarding infringement upon personal information of consumers in the real estate and decoration industries in Jizhu City, Zhejiang Province | | 5.浙江省诸暨市房地产、装修行业侵犯消费者个人信息公益诉讼案 |
| 6. A public interest litigation case regarding endangering the operation safety of a high-speed railway by illegal construction of a small reservoir in Sanmenxia City, Henan Province | | 6.河南省三门峡市违建塘坝危害高铁运营安全公益诉讼案 |
| 7. A public interest litigation case regarding recovery of defrauded medical insurance funds in Fucheng District, Mianyang City, Sichuan Province | | 7.四川省绵阳市涪城区追缴被骗医保金公益诉讼案 |
| 8. A public interest litigation case regarding negligent administration of monuments to martyrs in Yangtouya Township, Shouyang County, Shanxi Province | | 8.山西省寿阳县羊头崖烈士纪念设施疏于管理公益诉讼案 |
| Administrative Public Interest Litigation Cases | | 行政公益诉讼案例 |
| 9. People's Procuratorate of Linqing City, Shandong Province v. Forestry Bureau of Linqing City (A case regarding failure to legally perform duties) | | 9.山东省临清市人民检察院诉临清市林业局不依法履职案 |
| 10. People's Procuratorate of Wenchang City, Hainan Province v. Ocean and Fisheries Bureau of Wenchang City (A case regarding failure to legally perform duties) | | 10.海南省文昌市人民检察院诉文昌市海洋与渔业局不依法履职案 |
| 11. People's Procuratorate of Rongjiang County, Guizhou Province v. People's Government of Zaima Township (A case regarding failure to legally perform duties) | | 11.贵州省榕江县人民检察院诉栽麻镇人民政府不依法履职案 |
| 12. People's Procuratorate of Rong County, Sichuan Province v. Land and Resources Bureau of Rong County (A case regarding failure to fully perform the duties) | | 12.四川省荣县人民检察院诉国土资源局不依法全面履职案 |
| Civil Public Interest Litigation Cases | | 民事公益诉讼案例 |
| 13. People's Procuratorate of Hohhot City, Inner Mongolia Autonomous Region v. Inner Mongolia Fufeng Biotechnology Co., Ltd. (A civil public interest litigation case regarding air pollution) | | 13.内蒙古自治区呼和浩特市人民检察院诉内蒙古阜丰生物科技有限公司大气污染民事公益诉讼案 |
| 14. People's Procuratorate of Baoding City, Hebei Province v. Huo (A civil public interest case regarding infringement upon the right of reputation and the right of honor of martyrs who lost their lives in Liangshan Prefecture) | | 14.河北省保定市人民检察院诉霍某侵害凉山烈士名誉权、荣誉权民事公益诉讼案 |
| 15. A civil public interest case regarding pre-litigation settlement on the illegal disposal of hazardous waste by Hongbao Special Dye Ink Co., Ltd. in Wuxi City, Jiangsu Province | | 15.江苏省无锡市红宝特种染料油墨有限公司非法处置危险废物民事公益诉讼诉前和解案 |
| Incidental Civil Public Interest Litigation Case | | 刑事附带民事公益诉讼案例 |
| 16. People's Procuratorate of Guichi District, Chizhou City, Anhui Province v. Former Qianjiang Industrial Park (An incidental civil public interest litigation case regarding solid waste pollution) | | 16.安徽省池州市贵池区人民检察院诉原前江工业园固废污染刑事附带民事公益诉讼案 |
| Case regarding Connection between Procuratorial Public Interest Litigation and Compensation for Eco-environmental Damage | | 检察公益诉讼与生态环境损害赔偿衔接案例 |
| 17. A civil public interest litigation case regarding urging the People's Government of Taixing City to legally perform the duties of paying compensation for eco-environmental damage by the People's Procuratorate of Taizhou City, Jiangsu Province | | 17.江苏省泰州市人民检察院督促泰兴市政府依法履行生态环境损害赔偿职责公益诉讼案 |
| 1. A series of cases regarding illegal stacking of solid waste and damage of the ecological environment in the Wuhui Levee of the Yangtze River in Qingshan District, Wuhan City, Hubei Province | | 1.湖北省武汉市青山区长江武惠堤段违法堆存固体废物破坏生态环境系列案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; ecological protection of the Yangtze River; reflections over the case; joint advancement | | 行政公益诉讼诉前程序 长江生态保护 举一反三 共同推进 |
| [Key Points] | | 【要 旨】 |
| On the basis of the clues to a specific case reported by the news media, the procuratorial organ has made serious reflections, thoroughly investigated the violations of the same type, urged the relevant administrative organs to legally and comprehensively perform their duties by issuing procuratorial proposals, jointly advanced the special regulation of illegally stacked solid waste, conducted follow-up supervision over the relevant administrative organs' taking of re-plantation measures to consolidate the regulation results, and assisted the ecological environmental restoration along the bank of the Yangtze River. | | 检察机关对新闻媒体报道的个案线索，举一反三，深入调查同类违法情形，通过发送检察建议督促相关行政机关依法全面履行职责，共同推进对违法堆存的固体废物进行专项整治，并跟进监督相关行政机关采取补植复绿等措施巩固整治成果，助力长江岸线生态环境修复。 |
| [Basic Facts] | | 【基本案情】 |
| On May 20, 2018, it was reported on “Economic News” of the CCTV Finance Channel that a large amount of industrial slags and other solid waste were stacked near the Xinji dock in the Wuhui Levee of the Yangtze River in Qingshan District, Wuhan City. The title of the expose is “Wuhan: A huge volume of industrial slags appear along the Yangtze River with a shocking scene”, which aroused much concern among the general public. Since the stacking yard of the solid waste occupied a long riverbank and the distance between it and the Yangtze River water surface was less than 200 m, causing damage to the ecological environment in the Wuhui Levee of the Yangtze River and infringement upon public interests. | | 2018年5月20日，武汉市青山区长江武惠堤段新集码头附近因堆存大量工业矿渣等固体废物，被中央电视台财经频道《经济信息联播》以“武汉：巨量工业废渣现身长江边 场面触目惊心”为题报道，人民群众反映强烈。固废堆场占据岸线较长且距离长江水面不足200米，致使长江武惠堤段生态环境遭受破坏，公益受到损害。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| After identifying the clue from the media, upon research, on May 23, 2019, the People's Procuratorate of Qingshan District, Wuhan City decided to docket this case and rapidly carried out an investigation. It found upon investigation that during the period from 2008 to 2015, an investment company in Wuhan City purchased slags from Wugang Slag Plant to extract iron ores and it directly stacked over 50,000 tons of tailings in the bund of the Xinji Dock near the Wuhui Levee of the Yangtze River, occupying an area of over 60 mu. At the same time, the People's Procuratorate of Qingshan District studied other similar cases, investigated other riverbank areas of the Wuhui Levee near the Xinji Dock, and successively identified 19 yards for illegal stacking of slags, cinder, and other solid waste. Such illegally stacked solid waste not only damaged the riverbank resources, threatened the flood discharge safety in the flood season of the Yangtze River, it also may produce toxic and harmful filtrate and directly endanger the ecological environment of the Yangtze River. | | 从媒体报道发现该线索后，经研判，2019年5月23日武汉市青山区人民检察院决定立案并迅速开展调查，经调查查明：2008年至2015年间，武汉市一投资有限公司从武钢矿渣厂购进矿渣提取铁矿，将5万多吨尾渣直接堆存在长江武惠堤新集码头外滩地，占地60余亩。同时，该院举一反三深入调查新集码头周边武惠堤段其他岸线区域，又陆续发现19个矿渣、煤渣等违法固体废物堆存点。这些违法堆存的固体废物不仅破坏岸线资源、威胁长江汛期行洪安全，还可能产生有毒有害滤液，直接危害长江生态环境。 |
| Thereafter, the People's Procuratorate of Qingshan District separately issued procuratorial proposals to the Environmental Protection Bureau of Qingshan District and the Water Affairs Bureau of Qingshan District having the regulatory duties. It proposed that the Water Affairs Bureau of Qingshan District should punish the acts of illegally stacking solid waste; and strengthen the regulation of such activities endangering the levee safety and impeding the flood discharge as dumping of garbage and muck within its jurisdiction. It proposed that the Environmental Protection Bureau of Qingshan District should legally punish the acts of illegally stacking solid waste and supervise the disposal of solid waste in accordance with laws and regulations; and strengthen the regulation of stacking of solid waste and other pollutants within the scope of the Yangtze River channel management within its jurisdiction. After that, the People's Procuratorate of Qingshan District repeatedly communicated and discussed with the Water Affairs Bureau of Qingshan District and the Environmental Protection Bureau of Qingshan District, proposed that they should define and rectify the objectives and tasks and specify their respective responsibilities, and took the initiative to report the case progress to the Party Committee and People's Government of Qingshan District. Leaders of the Party Committee and People's Government of Qingshan District attached great importance to it and made it clear that they would support the procuratorial organ in carrying out supervision. Under the leadership of the Party Committee and People's Government of Qingshan District, the relevant departments formed a joint law enforcement group. From the end of May to the beginning of July 2018, over 200 engineering vehicles were mobilized to clear away over 220,000 tons of solid waste stacked in the Wuhui Levee of the Yangtze River. The Environmental Protection Bureau of Qingshan District conducted an inspection on the soil after the solid waste was cleared away and imposed a fine of CNY150,000 on the company violating the law. | | 随后，青山区检察院分别向负有监督管理职责的青山区环保局、青山区水务局发出检察建议。建议区水务局对违法堆存固体废物行为进行处理；加强对辖区内倾倒垃圾、渣土等危害堤防安全和妨碍行洪活动的监管。建议区环保局依法处理违法堆存固体废物行为，监督固体废物的依法依规处置；加强对辖区长江河道管理范围内堆放固体废物或者其他污染物的监管。此后，该院多次与区水务局、环保局沟通座谈，建议两家细化整改目标任务、明确责任分工等。并主动向青山区委、区政府汇报该案情况。区委、区政府领导高度重视，明确表示支持检察机关开展监督。在区委、区政府的领导下，相关部门组成联合执法专班，于2018年5月底至7月初调动200余辆工程车，将堆存在长江武惠堤段的22万余吨固体废物全部清除。青山区环保局对固体废物清除后的土壤进行了勘验检查，并依法对违法公司处以15万元人民币的罚款。 |
| For the purpose of consolidating the regulation results, the People's Procuratorate of Qingshan District conducted follow-up supervision, urged the Water Affairs Bureau of Qingshan District to adopt control measures on 21 ramps to the river beach near the Wuhui Levee, conducted 24-hour patrol of the whole levee, and negotiated and communicated with the departments of environmental protection and water affairs on issues concerning the eco-environmental restoration of the bank of the Yangtze River. In September 2018, the Water Affairs Bureau of Qingshan District formally initiated the project of riverbank replantation of the Wuhui Levee of the Yangtze River. On April 10, 2019, the People's Procuratorate of Qingshan District conducted “look-back” of the case and confirmed that all solid waste had been cleared away, the area of replanted riverbank was 480 mu in total, and the “natural, ecological, and wild” riverbank scenery in the Yangtze River basin had been restored. The China National Radio, the Procuratorate Daily, and other media publicized and reported the case. | | 为巩固整治成果，青山区检察院进一步跟进监督，督促区水务局在通往武惠堤江滩的21处下堤路采取了管控措施，对全堤段采取24小时巡查，并就长江岸线生态环境修复问题与环保、水务部门协商沟通。2018年9月，青山区水务局正式启动长江武惠堤岸线复绿工程。2019年4月10日，青山区检察院对该案开展“回头看”，确认固体废物已全部清除，复绿岸线面积共计480亩，恢复了长江流域“自然、生态、野趣”的岸线风光，中央人民广播电台、检察日报等媒体对该案进行了宣传报道。 |
| [Significance] | | 【典型意义】 |
| When General Secretary Xi Jinping visited the Yangtze River and inspected the work of Hubei Province in April 2018, he pointed out that the ecological environment of the Yangtze River should be put in an overwhelming position, extensive protection of the Yangtze River should be jointly ensured, and no extensive development in the Yangtze River should be conducted; and the procuratorial organs should serve the national major development strategies and provide effective judicial safeguard for the high-quality development of the Yangtze River Economic Zone by closely centering on the protection of ecological environment and natural resources of the Yangtze River. In this case, the illegal stacking of industrial slags, coal cinder, and other solid waste in the riverbank of the Wuhui Levee in Qingshan District, Wuhan City has lasted for over a decade. The long-term failure to make rectifications not only occupied the riverbank resources of the Yangtze River and impeded the flood discharge through riverways, but also damaged the ecological environment of the Yangtze River. The People's Procuratorate of Qingshan District kept in mind the words of General Secretary Xi Jinping. After identifying clues to this case from news report, it did not handle the case for case handling's sake. Instead, it conducted reflections, made thorough investigations into the peripheral stacking sites of similar illegal solid waste, and promoted the relevant departments to conduct a comprehensive regulation of the damaged ecological environment of the Yangtze River by solid waste in this area through procuratorial proposals. With respect to the objective difficulties in the performance of duties by the administrative organs, the procuratorial organ took the initiative to communicate and coordinate with them, attracted attention and solicited support from the Party Committee and People's Government of Qingshan District, and jointly advanced the regulation work. For the purpose of consolidating the regulation achievements, the procuratorial organ also urged the administrative organ to adopt control measures and exert more efforts to patrols. A long-term mechanism for prevention and control of subsequent pollution of solid waste has been formed, the persistent problem of environmental pollution of the Wuhui Levee of the Yangtze River has been resolved, the project of replantation has been carried out, and the ecological environment in the riverbank of the Wuhui Levee of the Yangtze River has been gradually restored. | | 2018年4月，习近平总书记考察长江、视察湖北时，明确提出要把长江生态环境摆在压倒性位置，共抓大保护、不搞大开发。检察机关服务国家重大发展战略，紧紧围绕长江生态环境和自然资源保护，为长江经济带高质量发展提供有力司法保障。本案中，武汉市青山区长江武惠堤段违法堆存工业矿渣、煤渣等固体废物历时十年，长期未能整改，侵占长江岸线资源、妨碍河道行洪，破坏长江生态环境。青山区检察院牢记习近平总书记殷殷嘱托，从新闻报道中发现该案线索后，没有就案办案，而是举一反三、以点及面，对周边类似违法固体废物堆存点问题深入调查，并通过检察建议推动相关部门对区域固体废物破坏长江生态环境问题进行全面整治。针对行政机关履职中存在的客观困难，检察机关主动沟通协调，争取党委政府的重视和支持，共同推进整治工作。为巩固整治成果，检察机关还督促行政机关采取管控措施，加强巡查力度，形成了后续固体废物污染防控的长效机制，根除了长江武惠堤段环境污染的顽疾，并开展了复绿工程，逐步恢复了长江武惠堤段生态环境。 |
| 2. A series of public interest litigation cases regarding underground water resource protection in Wenquan Township, Anning City, Yunnan Province | | 2.云南省安宁市温泉地下水资源保护公益诉讼系列案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; protection of underground water resources; comprehensive treatment | | 行政公益诉讼诉前程序 地下水资源保护 综合治理 |
| [Key Points] | | 【要 旨】 |
| With respect to excessive exploitation of underground water resources, by initiating the procedures before administrative public interest litigation, the procuratorial organ raised rational rectification proposals according to law, which has attracted the high attention of the local Party committee and people's government. The harmonized rectification atmosphere is formed and the underground water resources are effectively protected. | | 针对地下水资源被滥开滥采的现象，检察机关通过启动行政公益诉讼诉前程序，依法提出了合理的整改建议，引起地方党委政府高度重视，形成全市一盘棋的整改氛围，有效保护了地下水资源。 |
| [Basic Facts] | | 【基本案情】 |
| The hot springs in Anning City are regarded as the “Best Hot Springs under Heaven.” However, due to disorderly exploitation and sub-standard administration, the underground water resources are seriously damaged, the area of geothermal fields is reduced, and the water temperature in hot wells continuously declines. Some hot wells become cold wells and some geothermal springs are even exhausted. Such disorderly exploitation and sub-standard administration have not only damaged the ecological environment resources, but seriously affected the local economic development that mainly depends on the tourism industry. | | 安宁温泉素有“天下第一汤”的美誉，但是由于前几年无序开采、管理不规范，地下水资源破坏严重，热田面积缩小，热水井水温持续下降，出现由热水井变为冷水井的情况，甚至有的地热泉眼枯竭，不仅破坏了生态环境资源，也严重影响了当地以旅游业为主的经济发展。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| At the end of 2017, the People's Procuratorate of Anning City made an ad hoc report on initiating public interest litigation for underground water resources in Wenquan Sub-district, Anning City to the executive meeting of the People's Government of Anning City, and the Party Committee of Anning City put it on top of its agenda for supervision. After almost five months of conscientious investigation, the People's Procuratorate of Anning City conducted a comprehensive investigation into the use of underground water in Wenquan Sub-district and got hold of the comprehensive data. It was found upon investigation that the relevant functional departments failed to effectively perform their regulatory duties, some water consuming entities and individuals failed to obtain a mining permit, water intaking certificate, and other certificates in accordance with the relevant provisions, failed to pay the relevant taxes according to law, and illegally transferred and sold underground water, and some water taking entities failed to install water meters. On May 15, 2018, the People's Procuratorate of Anning City docketed the case for examination. On May 22 of the same year, it issued pre-litigation procuratorial proposals to such entities and departments as the Land and Resources Bureau, Water Affairs Bureau, and Finance Bureau of Anning City, and Wenquan Sub-district Office, urged them to perform their duties according to law, and effectively protect the underground water resources in Wenquan Sub-district. | | 2017年底，安宁市人民检察院就安宁市温泉地下水资源拟启动公益诉讼向安宁市政府常务会议进行了专题汇报，市委将该项工作列为重点工作进行督办。该院通过近5个月的细致调查，对温泉街道的地下水资源使用情况进行了全面摸底调查，掌握了全面数据。经过调查发现，由于相关职能部门未有效履行监管职责，部分用水单位及个人存在未按照相关规定办理采矿许可证、取水许可证等证照，未依法缴纳相关税费，非法对外转供、销售地下水，取水单位未安装计量设施等违法情形。该院于2018年5月15日立案审查，5月22日依法对市国土局、水务局、财政局、温泉街道办事处等单位和部门分别针对上述问题发出诉前检察建议，督促依法履职，切实保护温泉地下水资源。 |
| After issuing the procuratorial proposals, the People's Procuratorate of Anning City simultaneously made ad hoc reports to the Party Committee and People's Government of Anning City, which attached great importance and made ad hoc reports to the Party Committee and People's Government of Kunming City. On July 25, 2018, the Party Committee of Kunming City convened an ad hoc meeting on the planning for the Hot Spring Town in Anning City. Afterwards, the Party Committee and the People's Government of Anning City established the “headquarters of hot spring cultural and historical planning and protection,” in which the Party secretary of Anning City served as the commander-in-chief and the mayor of Anning City served as the commander. The work of underground water resources protection was advanced in an orderly manner. First, a designated institution, the Administration Bureau of Underground Water Resource Protection of Wenquan Sub-district, was set up to be responsible for the overall planning and administration of various work in the protection of underground water resources. At the same time, the procuratorial organ was explicitly required to get involved in the whole process and strictly perform the legal supervision duties. Second, all major water intaking entities had metering facilities installed so as to realize whole-process monitoring and real-time tracking, which has completely amended the disadvantages and loopholes in the previous independent declaration of taxes. Third, the outstanding taxes on water resources were recovered and the prices of geothermal water within the jurisdiction were unified. Fourth, the municipal water supply network within the scope of Wenquan Township was available to all households and the cold water and geothermal water were separately used by residents, which has put an end to the previous immoderate use of underground water. Fifth, a total of 53 wells in the core areas and radiation areas of Wenquan Township have been installed with electronic metering and remote monitoring facilities, the acts of transferring and selling underground water without approval were severely punished, the water intaking entities were not allowed to illegally transfer or sell underground water, and Wenquan Town and other wells were closed. | | 该院发出检察建议后，同时向安宁市委、市政府做了专项报告，安宁市委、市政府高度重视，向昆明市委、市政府进行了专题报告。2018年7月25日，昆明市委专门召开了安宁温泉小镇规划专题会议。随后，安宁市委、市政府成立了由市委书记任总指挥长、市长任指挥长的“温泉历史文化规划保护指挥部”，地下水资源保护工作有序推进：一是设立专门机构--温泉地下水资源保护管理局，负责统筹规划、管理地下水资源保护的各项工作。同时明确要求检察机关全程介入，严格履行法律监督职责。二是给各主要取水单位全部安装了计量设施，实现全程监控、实时跟踪，彻底改变以往自主申报税费存在的弊端和漏洞。三是追缴水资源税费，统一辖区内地热水价格。四是温泉集镇范围内的市政供水管网全部铺通入户，居民生活用水冷、热水分离使用，杜绝了以往无节制使用地下水的现象。五是温泉集镇核心区和外围辐射区共53眼井已经全部安装上电子计量和远程监控设施，对擅自转供、销售地下水的行为进行严厉查处，取水单位不得非法进行转供、销售地下水，对温泉小镇等水井进行封停。 |
| The the aforesaid work in protecting the underground water resources in Wenquan Township gradually panned out. According to statistics, the intake volume of underground water in Wenquan Sub-district in July of this year was reduced by 56% as compared to that at the beginning of the year, the self-inrush wells in the cliffside carvings in Wenquan Sub-district that have been dried up for many years burst geothermal water with the depth of over 70 cm since May of this year and the water level of geothermal water has been gradually rising. | | 经过开展上述工作，温泉地下水资源保护效果逐渐显现。据统计，今年7月温泉街道地下水的取水量较年初下降了56%，干涸多年的温泉摩崖石刻处自涌井，今年5月以来已涌出地热水约70厘米深，地热水水位已经逐步回升。 |
| [Significance] | | 【典型意义】 |
| Underground water is not only an important water resource, but a key element in the ecological system of “mountains, rivers, forests, farmland, lakes, and grasslands” and plays an irreplaceable role in maintaining the ecological system balance. With the gradual recovery of underground water resources and improvement of the surrounding environment, more and more people come here for travels, which has promoted local economic and social development. This series of cases have reflected the good combination of case-handling effects and social effects. Based on serving the overall situation, the People's Procuratorate of Anning City reported to the local Party committee and people's government in a timely manner. On the basis of full communication, it obtained attention and support. The harmonized rectification atmosphere in Anning City was finally formed and win-win results were achieved. In July 2018, when accepting an interview of the journalist from the Procuratorate Daily, Wang Xun, the then Party secretary of Anning City, said that “it is a good procuratorial proposal.” | | 地下水不仅仅是重要的水资源，也是“山水林田湖草”生态系统中的关键要素，对于维护生态系统平衡具有不可替代的作用。伴随着地下水资源的逐步恢复和周边环境的改善，到当地旅游度假的游客越来越多，促进了当地经济社会发展。此系列案体现了办案效果和社会效果的良好结合。该院立足于服务中心大局，及时向地方党委政府汇报，在充分沟通的基础上获得了重视和支持，最终形成了全市一盘棋的整改氛围，达到了双赢多赢共赢的效果。2018年7月，时任安宁市委书记王迅在接受《检察日报》记者采访时称：“这个检察建议提得好！” |
| The public interest protection of water resources in Wenquan Sub-district has achieved the good effects of “serving a landscape and benefiting the local people.” A local resident sincerely said that “the public interest litigation has contributed to the strictest underground water protection measures in the history of Anning City and has also changed the history of hot springs in Anning City.” | | 安宁温泉水资源公益保护工作取得了服务一方山水，造福一方百姓的良好效果。有群众由衷地感叹：“公益诉讼促成了安宁史上最严地下水保护措施，也改变了安宁温泉的历史”。 |
| 3. A case regarding illegal occupation of land and damage to resources and environment by gravel enterprises along the Weihe River in Fufeng County, Shaanxi Province | | 3.陕西省扶风县渭河沿线砂石企业违法占地破坏资源环境案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; protection of resources of the Weihe River; rational time limit for rectification; joint rectification | | 行政公益诉讼诉前程序 渭河资源保护 合理整改期限 联合整治 |
| [Key Points] | | 【要 旨】 |
| With respect to cases in which some administrative organs are willing to make rectification, but there are objective obstacles, the procuratorial organ should rationally extend the time limit for rectification, set the realization of the objective of safeguarding public interests in the pre-litigation procedures as the optimal state, promote the formation of joint rectification forces, and achieve the rectification effects. | | 对一些行政机关有整改意愿但存在客观障碍的案件，检察机关合理延长整改期限，把诉前实现维护公益目的作为最佳状态，推动形成监管合力，达成整治效果。 |
| [Basic Facts] | | 【基本案情】 |
| In 2013, Xiwei Mineral Products Co., Ltd., Hongtai Sand and Gravel Co., Ltd., Xinchang Industry and Trade Co., Ltd., Longqusi Gravel Plant, and Fan's Mineral Products Co., Ltd. separately obtained the mining rights of some parts of the Weihe River basin in the Fufeng section by public bidding. Due to the expansion of the production and operation scale, without going through any land use formalities, the aforesaid five enterprises illegally occupied 466.7475 mu of land along the Weihe River (including 370.314 mu of cultivated land, 84.0015 mu of construction land, and 12.432 mu of forest land) for constructing plants and material tables and stacking gravel. From 2015 to 2016, the Land and Resources Bureau of Fufeng County issued 11 notices, in six times, on ordering the cessation or correction of the illegal acts within a prescribed time limit, made decisions on giving administrative penalties, and required that the aforesaid enterprises dismantle the equipment and facilities, clear the land, and restore the land to its original state. During the period of penalties, the five enterprises failed to actively perform the obligations and engaged in production and operation by continuously and illegally occupying the land, causing serious destruction of land resources along the Weihe River and the peripheral ecological environment. | | 2013年，希炜矿产有限公司、宏泰砂石有限公司、鑫昌工贸有限公司、龙渠寺砂石厂、樊氏矿产有限公司等五家砂石企业通过公开竞拍形式分别取得渭河流域扶风段部分河道采砂权。因生产经营规模扩大，该五家企业在未办理任何用地手续的情况下，非法占用渭河沿岸466.7475亩土地（其中耕地370.314亩、建设用地84.0015亩、林地12.432亩），用于修建厂房、料台、堆放砂石料。扶风县国土资源局于2015年至2016年间，6次发出11份责令停止、限期改正违法行为通知书，并作出行政处罚决定，要求上述企业拆除设备设施、平整土地，恢复土地原状。被处罚期间，该五家企业均未积极履行义务并持续违法占地开展生产经营，致使渭河沿岸土地资源和周边生态环境遭到严重破坏。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| On November 13, 2017, after identifying this clue from a snitch on its website, the People's Procuratorate of Fufeng County held that it met the conditions for docketing an administrative public interest litigation case and thus it set up a task force to carry out investigation. By investigation and inquiry, field investigation, taking of administrative law enforcement files, and interviews of government agencies and the relevant departments, the People's Procuratorate of Fufeng County found that: Although the Land and Resources Bureau of Fufeng County has punished the enterprises involved for their illegal acts, after ordering the cessation of the illegal acts and issuing penalty decisions on clearing and leveling the land and restoring the land to the original state, it failed to fully perform its duties according to law, causing the long-term illegal occupation of several hundred mu of land along the Weihe River and the continuous infringement upon public interests. | | 2017年11月13日，扶风县人民检察院从网站舆情中发现该线索后，认为符合行政公益诉讼立案条件，遂成立专案组开展调查。通过调查询问、实地勘测、调取行政执法卷宗、走访政府及有关部门等方式查明：扶风县国土局虽然对违法行为进行了查处，但作出责令停止违法行为通知和清理平整土地、恢复土地原状的处罚决定后，未依法全面履行职责，致渭河沿岸上百亩土地仍被长期非法侵占，社会公共利益持续处于受侵害状态。 |
| On April 17, 2018, the People's Procuratorate of Fufeng County issued procuratorial proposals to the Land and Resources Bureau of Fufeng County. It proposed that the Land and Resources Bureau of Fufeng County fully perform the regulatory duties and legally punish the five enterprises for their illegal acts; carry out the protection and administration of cultivated land in strict accordance with the legal provisions; and intensify the urged rectification of the illegal acts that have been punished. | | 2018年4月17日，扶风县检察院向该县国土资源局发出检察建议。建议全面履行监管职责，对五家企业的违法行为依法查处；严格依照法律规定，开展耕地保护和管理工作；强化对已查处违法行为的督促整改，提高行政执法效果。 |
| Upon receipt of the procuratorial proposals, the Land and Resources Bureau of Fufeng County replied in a letter that: Due to such objective reasons as the large volume of stock grits of the gravel enterprises and limited clearance and transport conditions, it failed to complete the rectifications within the prescribed time limit. It was taking rectification measures and raised a plan for making rectifications within a prescribed time limit. Upon research, the people's procuratorates of Shaanxi Province and Baoji City held that the plan was feasible to some extent and the administrative organ should be granted a rational time for making rectifications, and proposed that the People's Procuratorate of Fufeng County should make an ad hoc report to the local Party committee and people's government and made efforts to carry out joint prevention and co-governance. The People's Government of Fufeng County attached great importance to it, established a task force rectification group wherein the secretary of the Party Committee of Fufeng County served as the group leader, organized 13 administrative entities to convene a joint meeting, and conducted a thorough screening and rectification of the problems orchestrated in the procuratorial proposals by taking joint law enforcement. Xu Qifang, deputy governor of Shaanxi Province and secretary of the Party Committee of Baoji City, thus required that departments at various levels should focus on the problems, take the initiative to undertake their duties, consolidate their responsibilities, strengthen law enforcement, and establish a long-term mechanism. With joint efforts of the Party committees and the people's governments at the provincial and city levels and the procuratorial organs at the provincial, city, and county levels, the five gravel enterprises stopped all production activities, dismantled the equipment, material tables, and fences, cleared all stockpiles, and levelled the sites. The illegally occupied land that has been vacated amounted to 466 mu. | | 该局接到检察建议后回函：因砂石企业存砂量大、清理和运输条件有限等客观原因，难以在规定期限内整改完毕，正采取措施整治并提出限期整改方案。省、市检察院研究认为，其方案具有一定可行性，应当根据情况给予行政机关合理整改期限，并建议扶风县检察院向当地党委政府作专题汇报，争取开展联防共治。扶风县委县政府高度重视，成立由县委书记担任组长的专项整治工作组，组织13家行政单位召开联席会议，采取联合执法形式，对检察建议指出的问题进行彻底排查整治。陕西省副省长、宝鸡市市委书记徐启方对此提出要求，各级各部门要聚焦问题、主动担当，夯实责任、加强执法，建立长效机制。经过两级党委政府和三级检察机关共同努力，五家砂石企业停止一切生产活动，设备、料台、围栏全部拆除，堆料全部清理，场地全部平整，共腾退违法占用土地466亩。 |
| [Significance] | | 【典型意义】 |
| As the largest tributary of the Yellow River, the Weihe River occupies an important position in the economic and social development of Shaanxi Province and the western China. In this case, where the administrative organs failed to complete rectifications on schedule, the procuratorial organs took into full account and respected the administrative organs' intention of performing the duties, rationally extended the time limit for making rectifications, and aimed to achieve the optimal case-handling state of realizing the supervision purpose under the pre-litigation procedures. In the process of follow-up supervision, in close reliance on the Party committees and people's governments, the procuratorial organs facilitated the connection between administrative organs and judicial organs, advanced the ad hoc rectification of illegal acts related to land along the Weihe River in Fufeng County, solved the severe and persistent problems that existed for several years, and formed a work pattern of “joint efforts in regulation and administration and joint prevention and control” for the ecological protection of the Weihe River basin. The smooth handling of this case has realized the good effects of win-win. | | 渭河作为黄河最大的支流，在陕西乃至西部经济社会发展中占据着重要地位。本案中，检察机关在行政机关未按期完成整改的情况下，充分考量和尊重行政机关的履职意愿，合理延长整改期限，把用诉前程序实现监督目的作为办案最佳状态。在跟进监督过程中，紧紧依靠党委政府，促成了行政机关、司法机关的联动，推动了该县渭河沿线土地违法行为专项整治工作的开展，解决了长达数年的沉疴顽疾，形成了渭河流域生态保护“齐抓共管、联防共治”工作格局。该案的成功办理，实现了双赢多赢共赢的良好效果。 |
| 4. A public interest case regarding outstanding land transfer fees owed by Hunan Changde Jinze Real Estate Co., Ltd. et al. | | 4.湖南省常德市金泽置业有限公司等欠缴土地出让金公益诉讼案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; land transfer fees; special review; social governance | | 行政公益诉讼诉前程序 土地出让金 专项清理 社会治理 |
| [Key Points] | | 【要 旨】 |
| Through the procedures before administrative public interest litigation, the procuratorial organ has urged the land and resources department to actively perform their duties, made calls on the payment of land transfer fees, carry out a special review, and advance the repealing of illegal administrative regulatory documents. | | 检察机关通过行政公益诉讼诉前程序，督促国土部门积极履职，催缴土地出让金，开展专项清理，并推动废止违法的行政规范性文件。 |
| [Basic Facts] | | 【基本案情】 |
| In October 2016, April and November 2017, Changde Jincheng Comprehensive Real Estate Development Co., Ltd. (hereinafter referred to as “Jincheng Company”), Changde Jinze Real Estate Co., Ltd. (hereinafter referred to as “Jinze Company”), and Changde Hengze Real Estate Co., Ltd. (hereinafter referred to as “Hengze Company”) separately obtained the land use rights of four plots (No. 690, 709, 730, and 731) in the urban areas of Changde City by auction. The three companies failed to pay the land transfer fees as stipulated in the contracts and they owed over CNY1.7 billion. Despite of repeated calls on the payment of land transfer fees by the former Land and Resources Bureau of Changde City, the huge amount of land transfer fees in arrears were still not recovered. | | 2016年10月、2017年4月、2017年11月，常德市金城房地产综合开发有限公司（以下简称金城公司）、常德金泽置业有限公司（以下简称金泽公司）、常德恒泽置业有限公司（以下简称恒泽公司）通过竞拍分别取得常德市城区690号、709号、730号和731号四个地块的土地使用权。三家公司未按合同约定缴清土地出让金，欠缴金额高达17亿余元。原常德市国土资源局虽多次催缴，但欠缴的巨额土地出让金一直未收回。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| In June 2018, the People's Procuratorate of Changde City found in the audit reports that the former Land and Resources Bureau of Changde City failed to legally perform its duties against the huge amount of land transfer fees owed by Jincheng Company, Jinze Company, and Hengze Company. With the approval of the People's Procuratorate of Hunan Province, a case was built for investigation on July 12, 2018. By taking the relevant contracts on the transfer of land use rights, the documents of payment for land transfer, and the ledgers for the performance of duties by the land and resources department and inquiring the relevant personnel from departments of land and resources, planning, and housing and urban-rural development as well as persons-in-charge of real estate companies, the People's Procuratorate of Changde City found the aforesaid case facts. | | 2018年6月，常德市人民检察院在审计报告中发现，原常德市国土资源局对金城公司、金泽公司、恒泽公司欠缴巨额土地出让金不依法履职，经湖南省人民检察院批准，于2018年7月12日立案审查。通过调取相关土地使用权出让合同和土地出让金缴纳凭证、国土部门履职台账，询问国土、规划、住建等部门相关工作人员、房产公司负责人，查明上述案件事实。 |
| On August 13, 2018, the People's Procuratorate of Changde City issued a pre-litigation procuratorial proposal to the former Land and Resources Bureau of Changde City and proposed that the former Land and Resources Bureau of Changde City proactively perform its statutory duties and take effective measures to urge the payment of the land transfer fees in arrears owed by Jincheng Company, Jinze Company, and Hengze Company in a timely manner. | | 2018年8月13日，常德市检察院向原常德市国土资源局发出诉前检察建议，建议积极履行法定职责，及时采取有效措施追缴金城公司、金泽公司、恒泽公司欠缴的土地出让金。 |
| At the same time, the chief procurator of the People's Procuratorate of Changde City actively reported to principal leaders of the Party Committee and People's Government of Changde City the arrears of land transfer fees in Changde City as found by the procuratorial organ. The leaders of the Party Committee and People's Government of Changde City attached great importance to the issue. The mayor of Changde City issued directives and gave support to the procuratorial organ in carrying out the work of public interest litigation according to law, and organized the relevant functional departments and real estate enterprises to convene schedule meetings for settlement of land transfer fees so as to regulate the land transaction market and urge the land and resources department to conduct a special review. | | 同时，常德市检察院检察长积极向常德市委市政府主要领导汇报检察机关查明的全市土地出让金欠缴情况。党政领导高度重视，市长作出批示支持检察机关依法开展公益诉讼工作，并组织相关职能部门及房地产企业召开规范清缴土地出让金的调度会，规范土地交易市场，督促国土部门进行专项清理。 |
| The former Land and Resources Bureau of Changde City took effective measures, including urging the companies involved to pay the land transfer fees and the three companies involved paid CNY 972.58 million of land transfer fees. On August 15, 2018, Jinze Company paid up CNY477.28 million in a lump sum for the land transfer fees of plot No. 709. Since Hengze Company failed to pay off the land transfer fees of plot No. 730 after being urged several times, the former Land and Resources Bureau of Changde City decided to rescind the contract on the transfer of land use rights of this plot on June 17, 2019. By September 30, 2019, the former Land and Resources Bureau of Changde City recovered over CNY1.3 billion of land transfer fees in total through the special review of land transfer fees. | | 原常德市国土资源局采取催缴等有效措施，案涉三家公司缴纳土地出让金9.7258亿元，其中金泽公司于2018年8月15日单笔缴清709号地块出让金4.7728亿元。因恒泽公司经多次追缴未能缴清730号地块土地出让金，原常德市国土资源局于2019年6月17日决定解除该地块土地使用权出让合同。截至2019年9月30日，原常德市国土资源局通过土地出让金专项清理活动共收回土地出让金超过13亿元。 |
| In the investigation of the public interest litigation case, the procuratorial organ also found that the Systems for Construction Regulation at the Earlier Stage for Construction Projects Directly Managed by Changde City (for Trial Implementation) prepared by the Bureau of Housing and Urban-Rural Development of Changde City violated the the Construction Law, according to which, before construction, a construction project should obtain a construction permit. In accordance with the aforesaid regulatory document, with approval, a housing construction project directly managed by Changde City may be constructed to the structure's overtopping of the base line (±0.000), which was substantially a separate establishment of an administrative license in the regulatory document in violation of the provisions of the Administrative License Law. In addition, the regulatory document does not have a specific audience and date, and it was not published and submitted to the legislative affairs department of the government for recordation. | | 检察机关在公益诉讼案件调查中还发现，市住建局制定的《常德市市直管建设工程前期施工监管制度（试行）》违反建筑法关于建设单位在建筑工程开工前应当取得施工许可证的规定，准予市直管房屋建筑工程经批准可以建设至正负零，实质是违反行政许可法的规定在规范性文件中另行设定了行政许可，且该规范性文件无发文对象、无发文日期、未向社会公布，未向政府法制部门备案。 |
| On September 24, 2018, the People's Procuratorate of Changde City issued to the Legislative Affairs Office of the People's Government of Changde City a procuratorial proposal on social governance, and proposed that the Legislative Affairs Office should examine and handle the regulatory document prepared by the Bureau of Housing and Urban-Rural Development of Changde City according to law. On September 25, the People's Government of Changde City accepted the procuratorial proposal, issued to the Bureau of Housing and Urban-Rural Development of Changde City a letter of proposal for handling of the regulatory document, and required that the Bureau of Housing and Urban-Rural Development of Changde City immediately cease the implementation of the regulatory document and voluntarily correct it. On September 26, the Bureau of Housing and Urban-Rural Development of Changde City issued a notice to repeal the regulatory document. | | 2018年9月24日，常德市检察院依法向常德市人民政府法制办公室发出社会治理检察建议，建议依法对市住建局制定的这一规范进行审查和处理。9月25日，市政府法制办采纳了检察建议，向市住建局发出关于对该规范性文件的处理建议函，要求该局立即停止执行该文件，自行纠正。9月26日，市住建局向各建设单位下达通知，废止了该规范性文件。 |
| [Significance] | | 【典型意义】 |
| During the period of rapid growth in the real estate industry, the handling of cases regarding arrears of land transfer fees by real estate enterprises is of great significance in the protection of national interests. Jinze Company and Hengze Company are wholly-owned subsidiaries of a domestic well-known real estate enterprise. The smooth handling of this case has fully demonstrated the public interest procuratorial supervision capacity of the procuratorial organ that it has the courage and is able to solve “difficult problems,” and set a good example for handling similar cases. | | 在房地产高速发展时期，办理房地产企业欠缴土地出让金案件，对于保护国家利益意义重大。涉案的金泽公司、恒泽公司系国内某知名地产企业旗下全资子公司。该案的成功办理充分展示了检察机关敢啃“硬骨头”、能啃“硬骨头”的公益检察监督能力，为办理同类案件起到了良好的和示范作用。 |
| The People's Procuratorate of Changde City did not handle the case simply for the sake of handling the case. It actively advanced the governance of similar cases by the handling of this individual case and promoted the land and resources department to conduct an ad hoc rectification of land transfer fees in arrears, which has achieved remarkable effects. With respect to the serious violation of law in the regulatory document prepared by the administrative organ as found in the process of case handling, by issuing a procuratorial proposal of social governance, the People's Procuratorate of Changde City urged the legislative affairs department to conduct examination and handling and repeal the illegal regulatory document, which has played the functional role of legal supervision for guaranteeing the uniform and correct implementation of state laws. | | 常德市检察院不就案办案，积极以个案办理推动类案治理，推动国土部门对欠缴土地出让金进行专项整治，取得了显著成效。对办案中发现的行政机关制定的规范性文件存在严重违法情形，通过制发社会治理类检察建议，督促法制部门进行审查和处理，废止违法的规范性文件，发挥了保障国家法律统一正确实施的法律监督职能作用。 |
| 5. A public interest litigation case regarding infringement upon personal information of consumers in the real estate and decoration industries in Zhuji City, Zhejiang Province | | 5.浙江省诸暨市房地产、装修行业侵犯消费者个人信息公益诉讼案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; real estate and decoration; protection of personal information; industrial governance | | 行政公益诉讼诉前程序 房产装修 个人信息保护 行业治理 |
| [Key Points] | | 【要 旨】 |
| The safety of personal information of consumers concerns the public interests. The procuratorial organ should prudently and actively explore the handling of cases in the field of personal information protection, advance the standardized industry regulation with the handling of individual cases, and effectively protect the safety of personal information of consumers. | | 消费者个人信息安全事关社会公共利益。检察机关稳妥积极探索消费者个人信息保护领域案件办理，以个案整改推动行业规范治理，切实保护消费者个人信息安全。 |
| [Basic Facts] | | 【基本案情】 |
| From September to December 2017, Chen, Yang, and Luo illegally sold and transferred over 100,000 pieces of illegally obtained personal information of proprietors in over 70 local residential communities, resulting in the disclosure of personal information of consumers and infringement upon personal privacy of citizens. This case involved multiple real estate development enterprises and decoration enterprises in Zhuji City. At the end of 2018, Chen, Yang, and Luowere sentenced to a fixed-term imprisonment of three years with suspended execution of four years, and were given a fine of CNY10,000 for committing the crime of infringing the personal information of citizens. The relevant responsible persons in this case were given criminal liabilities, but as the information sources, the real estate companies and decoration companies involved were not given the corresponding administrative penalties in a timely manner. The arbitrary resale or free offering of personal information of consumers to other associated operators for business marketing in the housing decoration field and other problems still existed and were still serious. The frequent telemarketing by real estate companies and decoration companies with the illegally obtained personal information of consumers caused serious nuisances to consumers' normal work and lives and seriously infringed the public interests. | | 2017年9月至12月期间，陈某某、杨某、骆某某等人将非法获取的当地70多个小区近10万余条业主个人信息非法出售、转让，造成消费者个人信息泄露，侵犯公民个人隐私，案件涉及诸暨市多家房地产开发企业和装饰装修企业。2018年底，陈某某、杨某、骆某某等人因犯侵犯公民个人信息罪，均被判处有期徒刑三年，缓期四年执行，并处罚金一万元。该案相关责任人被追究刑事责任，但是作为信息源头的涉案房地产公司和装修装饰公司并未及时受到相应行政处罚，房产装修装饰领域肆意转卖或者无偿提供消费者个人信息给其他关联经营者进行业务推销的违法问题仍旧存在且依然严重。非法获取消费者个人信息的房地产和装饰装修公司利用该信息频繁电话推销，对广大消费者正常工作和生活造成了严重滋扰，严重损害社会公共利益。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| The People's Procuratorate of Zhuji City identified clues to this case in the handling of a case regarding infringement upon personal information of citizens by Chen and other people. It held that the public interests may be infringed and on January 9, 2019, it docketed this case for investigation. It interviewed the Legislative Affairs Office, the Construction Bureau, and the Market Regulation Bureau of Zhuji City and specified the supervision objects. At the same time, on the basis of paylay the evidence of a criminal case, it conducted supplementary investigation and collected more evidence, thus forming a complete evidence chain. Upon examination, the People's Republic of China of Zhuji City held that personal information of consumers was personal privacy. The Law of the People's Republic of China on the Protection of Consumer Rights and Interests has explicitly stipulated the collection and use of personal information of consumers by operators, namely, operators may not divulge, sell, or illegally provide such personal information of consumers to anyone else. The enterprises involved violated the aforesaid legal provisions and infringed upon the lawful rights and interests of many consumers. As an industry supervision department, the Market Regulation Bureau of Zhuji City was obliged to protect the lawful rights and interests of consumers from infringement. | | 诸暨市人民检察院在办理陈某某等人侵犯公民个人信息案中发现本案线索，认为可能侵害社会公共利益，于2019年1月9日立案调查。该院先后走访市法制办、建设局、市场监管局，明确监督对象。同时，在充分运用刑事案件证据基础上，补充调查收集证据，形成完整证据链。该院审查后认为，消费者的个人信息属于个人隐私的范畴，《中华人民共和国消费者权益保护法》对于经营者收集、使用消费者个人信息作出了明确规定，经营者不得泄露、出售或者非法向他人提供。涉案企业违反了上述法律规定，侵犯了众多消费者的合法权益。市场监管局作为行业监管部门，负有保护消费者的合法权益不受侵犯的职责。 |
| With the approval of the People's Procuratorate of Zhejiang Province upon level-by-level reports, on January 15, 2019, the People's Procuratorate of Zhuji City issued to the Market Regulation Bureau of Zhuji City a procuratorial proposal of urging the Market Regulation Bureau of Zhuji City to perform its duties and proposed that the Market Regulation Bureau of Zhuji City punish the enterprises involved and effectively perform the duties of protecting the lawful rights and interests of consumers. At the same time, the People's Procuratorate of Zhuji City issued official letters to the Construction Bureau and the Decoration Industry Association of Zhuji City and urged them to rectify the industry standards. | | 经层报浙江省人民检察院批准，诸暨市人民检察院于1月15日向诸暨市市场监督管理局发出督促其依法履职的检察建议，建议该局对涉案企业依法处理，切实履行保护消费者合法权益的职责。同时，该院还向诸暨市建设局及装修装饰行业协会发出工作函，督促开展行业规范整治。 |
| The Market Regulation Bureau of Zhuji City attached great importance to the procuratorial proposal. On January 18 and March 18, it docketed the case for investigation into the enterprises involved and gave each decoration company involved an administrative fine of CNY30,000 and each real estate development company involved an administrative fine of CNY100,000. | | 诸暨市市场监督管理局对检察建议高度重视，分别于1月18日、3月18日对涉案企业进行立案查处，对涉案装修装饰公司作出罚款3万元的行政处罚，对涉案房地产开发公司作出罚款10万元的行政处罚。 |
| Upon receipt of the official letter issued by the People's Procuratorate of Zhuji City, the Decoration Association of Zhuji City strengthened internal standard rectifications, publicized the protection of consumers' personal information in the home furnishing market by means of WeChat official accounts and electronic screens, and organized merchants to sign letters of commitment to protection of personal information. | | 诸暨市装修业协会收到检察院工作函后，加强对行业内部的规范整治，运用微信公众号、电子宣传屏等形式在家居市场内开展消费者个人信息保护宣传，并组织商户签订保护个人信息承诺书。 |
| In the activities of “3.15” the World Consumer Rights Day, the Market Regulation Bureau and the Consumer Protection Committee of Zhuji City publicized the protection of consumers' personal information. The People's Procuratorate of Zhuji City voluntarily followed up the subsequent activities, coordinated and participated in the publicity and education activities carried out by the aforesaid entities. | | 诸暨市市场监督管理局、消费者权益保护委员会在“3.15”消费者权益保护日活动中重点宣传了有关消费者个人信息保护的内容。诸暨市检察院主动跟进后续活动的开展，协调并参与了上述单位开展的宣传教育活动。 |
| [Significance] | | 【典型意义】 |
| In the era of big data, incidents of divulgence of consumers' personal information in the fields of real estate, education, and medical treatment occur frequently and the issue of personal information safety is becoming increasingly serious. Accompanied by information divulgence, spam messages, junk calls, and targeted frauds threaten people's privacy, property security and even life safety, and seriously infringe upon the public interests. Protection of consumers' personal information safety is of great significance in advancing China's informationization process, protecting personal privacy, maintaining the social public order, and building an honest society. | | 随着大数据时代的来临，房地产、教育、医疗等领域泄露消费者个人信息的事件频发多发，个人信息安全问题日益严峻。与信息泄露相伴的垃圾短信、骚扰电话、精准诈骗日益威胁着人们的隐私、财产甚至生命安全，严重侵害社会公共利益。保护消费者个人信息安全对于推动我国信息化进程，保护个人隐私，维护社会公共秩序，构建诚信社会具有重大意义。 |
| The procuratorial organ actively responded to social concerns, urged the regulatory department to actively perform their duties, and strengthened admonition publicity and education. By intensifying the industry governance and responding to social concerns, the consensus of protecting the consumers' personal information security in the whole society has been formed and good social effects have been achieved. | | 检察机关积极回应人民群众关切，督促监管部门积极履职，加强警示宣传教育，强化了行业治理，回应了群众关切，在全社会形成保护消费者个人信息安全的共识，取得了良好的社会效果。 |
| 6. A public interest litigation case regarding endangering the operation safety of a high-speed railway by the illegal building of a pond in Sanmenxia City, Henan Province | | 6.河南省三门峡市违建塘坝危害高铁运营安全公益诉讼案 |
| [Keywords] | | 【关键词】 |
| Procures before administrative public interest litigation; production and operation safety of a high-speed railway; cross-administrative division jurisdiction | | 行政公益诉讼诉前程序 高铁生产运营安全 跨行政区划管辖 |
| [Key Points] | | 【要 旨】 |
| As important national interests and public interests in the field of production safety, the production and operation safety of a high-speed railway concerns the statutory duties of the people's governments at various levels and multiple functional departments along the railway. The procuratorial organ has issued a procuratorial proposal of cross-administrative division jurisdiction to the People's Government of Sanmenxia City, urged it to fully perform its duties, and wasted no time in eliminating major safety risks affecting the operation of the high-speed railway. | | 高铁生产运营安全是安全生产领域重要的国家利益和社会公共利益，涉及铁路沿线不同层级人民政府和多个职能部门的法定职责。检察机关依法向市级人民政府发出跨行政区划检察建议，督促其依法全面履职，及时消除影响高铁运行的重大安全隐患。 |
| [Basic Facts] | | 【基本案情】 |
| Since February 2016, villagers from Caiyuan Township, Shaanzhou District and Jiaokou Township, Hubin District, Sanmenxia City separately engaged in the building of roads and dams and refilling no more than 100 meters from the northern and southern piers of the Southern Cross Bridge on the Zhengzhou-Xi'an High-speed Highway, resulting in pooling about 10,000 cubic meters of water in the small dam to the south (upstream) of the Bridge, and there were risks of dam breaking and impacting the bridge during the flood season; a dammed lake was formed to the north (downstream) of the Bridge and the No. 2 pier (flyover) was directly submerged in water, causing great hidden safety risks to the on-going Zhengzhou-Xi'an High-speed Highway. Under the coordination of the Flood Control and Drought Relief Headquarters of Henan Province, such temporary measures as digging of flood discharge channels and man-powered pumping were taken in Sanmenxia City, but the potential dangers to the flood control safety of the bridge on the high-speed railway failed to be completely solved, and there were still such risks as reduction of intensity of piers caused by subsidence of the piers and water intaking of hollow piers as well as deflection of piers and even damage of the Bridge caused by the impacts on the piers after the simple upstream dam was broken. | | 2016年2月以来，郑州到西安高速铁路（以下简称郑西高铁）南交口大桥桥梁南北两侧距桥墩不足100米处，三门峡市陕州区菜园乡、湖滨区交口乡村民分别修路筑坝、填土造田，造成桥梁南侧（上游）塘坝内蓄水约1万立方，存在汛期溃坝冲击桥梁的风险；北侧（下游）形成堰塞湖，高铁2号桥墩（旱桥）直接浸泡在水中，给正在运行的郑西高铁造成重大安全隐患。经河南省防汛抗旱指挥部协调，三门峡市采取了开挖排洪渠、人工抽水等临时性解决措施，但未彻底解决高铁桥梁防洪安全隐患问题，仍存在桥墩发生沉降、空心墩进水降低墩身强度以及上游简易坝溃坝后对桥墩产生冲击，造成桥墩偏斜甚至冲毁桥梁的风险。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| On January 8, 2018, the People's Procuratorate of Henan Province assigned the Zhengzhou Railway Transport Procuratorate Branch (hereinafter referred to as the “Zhengzhou Railway Procuratorial Branch”) to handle this case. Upon scene investigation, taking evidentiary materials on the administrative organ's regulatory duties and law enforcement progress, and inquiry of the railway safety regulation department, the railway enterprise, and the villagers along the railway section involved, etc., the Zhengzhou Railway Procuratorial Branch held that: The failure of the People's Government of Sanmenxia City to legally perform the duties of conducting work safety regulation, controlling flood, and maintaining the railway safety resulted in hidden risks to the flood control safety of the Southern Cross Bridge on the Zhengzhou-Xi'an High-speed Highway and seriously threatened the safety of state properties and the people's lives. With the approval of the People's Procuratorate of Henan Province, on February 28, 2018, the Zhengzhou Railway Procuratorial Branch issued to the People's Government of Sanmenxia City a procuratorial proposal before administrative public interest litigation and proposed that: (1) the People's Government of Sanmenxia City should urge the competent water administrative department, the competent land and resources department, and the work safety regulation department to fully perform their statutory duties and punish the acts of dam-building in the upstream and downstream and building of facilities affecting the safety of the bridge on the high-speed railway; and (2) the People's Government of Sanmenxia City should prepare a fundamental rectification plan conforming to the railway safety standards as soon as possible and immediately organize the implementation of such plan so as to completely eliminate the hidden risks to the operation safety of the high-speed railway. | | 2018年1月8日，河南省人民检察院指定河南省人民检察院郑州铁路运输分院（以下简称郑州铁检分院）办理该案。经现场勘验，调取行政机关监管职责及执法情况的证据材料，询问铁路安全监督管理部门、铁路企业、沿线村民等相关人员，认为：三门峡市人民政府未依法履行安全生产监督管理、防洪和保障铁路安全职责，造成郑西高铁南交口大桥防洪安全隐患，使国家财产和人民群众的生命安全受到严重威胁。报经河南省人民检察院同意，2018年2月28日，郑州铁检分院依法向三门峡市人民政府发出行政公益诉讼诉前检察建议，建议：一、督促水行政主管部门、国土资源主管部门和安全生产监督管理部门全面履行法定职责，对上下游填土筑坝、修建影响高铁桥梁安全设施的行为依法进行处罚；二、尽快制定符合铁路安全标准的根本性整治方案，并立即组织实施，彻底消除高铁运营安全隐患。 |
| On March 13, 2018, the chief procurator of the Zhengzhou Railway Procuratorial Branch submitted a Report on Hidden Risks to Flood Control Safety of the Southern Cross Bridge on the Zhengzhou-Xi'an High-speed Highway to the major leaders of the People's Government of Sanmenxia City and communicated and coordinated the work of eliminating hidden safety risks. The Party secretary and mayor of Sanmenxia City attached great importance to it and approved to immediately establish a task force rectification group in which the Comprehensive Office of the Political and Legal Affairs Commission of Sanmenxia City took the lead and the Discipline Inspection Commission, the Water Conservancy Bureau, and other departments of Sanmenxia City served as members and to appropriate over CNY2.4 million from the financial funding for eliminating the risks of the upstream and downstream dammed lakes near the Southern Cross Bridge. Under the proposal issued by the procuratorial organ, the People's Government of Sanmenxia City adopted “uniform design plans, uniform organization and construction, uniform supervision, guidance, and inspection, and uniform fund use for the project,” entrusted Henan Yuxi Water Conservancy Survey and Design Consultation Co., Ltd. with the survey and design, invited experts to review the design plans, and comprehensively organized the construction after the railway safety regulation department maintained a strict standard. | | 2018年3月13日，郑州铁路检察分院检察长向三门峡市人民政府主要领导递交了《郑西高铁南交口大桥防洪安全隐患情况报告》，就安全隐患排除工作进行了沟通协调。三门峡市委书记、市长高度重视，批示立即成立由市政法委综治办牵头，市纪委、市水利局等部门组成的专项整治工作组，财政拨付资金240余万元，用于南交口大桥上下游堰塞湖除险工程。在检察机关建议下，市政府对该工程“统一设计方案、统一组织施工、统一督导检查、统一资金使用”，委托河南豫西水利咨询有限公司进行勘测设计，并邀请专家对设计方案进行评审，由铁路安全监督管理部门把关后全面组织施工。 |
| On June 14, 2018, invited by the People's Government of Sanmenxia City, Zhengzhou-Xi'an Railway Passenger Transport Line Co., Ltd., China Railway Zhengzhou Group Co., Ltd., and the relevant departments of the Railway Regulation Bureau of Wuhan City went to the scene to carry out a joint investigation, and found that the soil illegally filled at both sides of the Southern Cross Bridge has been removed, there was no water under the Bridge, the construction quality of the drainage works was good, the flood discharge conditions could be satisfied, the task of eliminating major hidden safety risks in this place was complete before the flood season in 2018, and the major risks endangering the production and operation safety of the Zhengzhou-Xi'an High-speed Highway were eliminated. | | 2018年6月14日，应三门峡市人民政府邀请，郑西铁路客运专线有限公司、中国铁路郑州局集团有限公司、武汉铁路监督管理局相关部门共同到现场查看，南交口大桥桥梁两侧违法填土已经拆除，桥下无积水，排水工程施工质量良好，能够满足排洪泄洪条件，完成了在2018年汛期之前消除该处重大安全隐患的任务，危及郑西高铁生产运营安全的重大风险得到排除。 |
| [Significance] | | 【典型意义】 |
| The production and operation safety of high-speed railways concerns the national interests and image. Preventing and eliminating safety risks of high-speed railways and safeguarding the life and property safety of the vast majority of passengers are important national and public interests. | | 高铁生产运营安全事关国家利益和形象，防范和消除高铁安全风险，保障最大多数旅客生命和财产安全，是重要的国家和社会公共利益。 |
| Based on the features of cross-administrative division administration of high-speed railway lines, the Zhengzhou Railway Procuratorial Branch proactively explored the advantages of the cross-administrative division jurisdiction by the railway procuratorial organ, made efforts to explore the handling of administrative public interest litigation cases in the railway safety field, and advanced the normalization of judicial protection of railway safety. | | 郑州铁路检察机关根据高铁线路跨行政区划管理的特性，积极探索发挥铁检机关跨区划管辖的优势，努力探索铁路安全领域行政公益诉讼案件办理，推动铁路安全司法保护常态化。 |
| 7. A public interest litigation case regarding recovery of medical insurance funds in Fucheng District, Mianyang City, Sichuan Province | | 7.四川省绵阳市涪城区追缴被骗医保金公益诉讼案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; medical insurance fund, industry rectifications; criminal penalty and administrative resolution | | 行政公益诉讼诉前程序 医疗保险基金 行业整顿 刑事处罚与行政处理 |
| [Key Points] | | 【要 旨】 |
| By issuing a pre-litigation procuratorial proposal, the procuratorial organ urged the relevant administrative organs to make administrative resolutions against the entities and individuals involved, restore the defrauded medical insurance funds, strengthen the development of supervision and administration systems, promote industry rectifications, prevent and resolve major social risks, and effectively protect the national interests and public interests. | | 通过诉前检察建议督促相关行政机关依法对涉案单位及个人进行行政处理，追缴被骗医疗保险基金，加强监督管理制度建设，推动行业整顿，防范化解社会重大风险，有效保护国家利益和社会公共利益。 |
| [Basic Facts] | | 【基本案情】 |
| From 2015 to 2016, the persons-in-charge of Mianyang Baixin Hospital and Mianyang Tiancheng Hospital separately organized their medical personnel to apply for reimbursement to the Medical Insurance Administration of Mianyang City by issuing “unidentical prescriptions” and other means and defrauded the medical insurance fund of over CNY31.15 million in total. The relevant administrative organs failed to give the hospitals involved and the medical personnel involved any administrative penalty and order the hospitals involved to recover the defrauded medical insurance fund, resulting in the continuous damage of national interests and public interests. | | 2015年至2016年期间，绵阳佰信医院、绵阳天城医院负责人分别组织医务人员采取开具“阴阳处方”等非法手段向绵阳市医疗保险管理局进行报销，共计骗取医疗保险基金人民币3115余万元。相关行政机关未对涉案医院和涉案医务人员作行政处理，也未责令医院退回被骗取的医保金，国家利益和社会公共利益持续受损。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| The case clues were identified and transferred by the examination and prosecution department of the People's Procuratorate of Fucheng District, Mianyang City, Sichuan Province in the handling of a criminal case. On December 19, 2017, the People's Procuratorate of Fucheng District set up a task force for a series of public interest litigation cases regarding defrauding of medical insurance funds with its chief procurator as the group leader, made an in-depth investigation into the hospitals involved and the relevant administrative departments, held interviews and discussions, inquired and talked with the relevant liable persons, consulted and duplicated the administrative files and criminal case files, collected and fixed case evidence, wasted no time in reporting to the People's Procuratorate of Mianyang City, Sichuan Province, and obtained the latter's support and guidance. | | 本案线索由四川省绵阳市涪城区人民检察院审查起诉部门在办理刑事案件过程中发现并移送。2017年12月19日，涪城区检察院成立以检察长为组长的骗取医保金系列公益诉讼专案组，深入涉案医院及相关行政部门，走访座谈、询问约谈相关主管人员，查阅复制行政档案、刑事卷宗材料，收集和固定案件证据，并及时向四川省绵阳市人民检察院汇报并得到支持和指导。 |
| It was verified upon investigation that: Mianyang Baixin Hospital and Mianyang Tiancheng Hospital organized their medical personnel to defraud medical insurance funds of CNY31.15233964 million in total by issuing “unidentical prescriptions” and “replacing A for B” in the prescribed drugs. Although the legal representatives and the relevant liable persons of the hospitals involved were subject to criminal liability, the “life-saving money” that was defrauded from the medical insurance funds has not been recovered and the 42 medical personnel participating in the fraud have not been given the corresponding administrative penalties. Some medical personnel of Mianyang Baixin Hospital were still practicing in other hospitals and the out-patient department of Mianyang Baixin Hospital and the dental clinic of Mianyang Tiancheng Hospital were still operating. | | 经调查核实：绵阳佰信医院、绵阳天诚医院组织医务人员采取开具“阴阳处方”、用药“偷梁换柱”等手段，共计骗取医疗保险基金人民币3115.233964万元，涉案医院法定代表人和相关责任人虽被刑事追责，被骗的医保“救命钱”一直未追回，参与造假医务人员达42人，且一直未受到相应行政处罚，绵阳佰信医院部分医务人员仍在其他医院执业，绵阳佰信医院门诊部、绵阳天诚医院口腔门诊仍在继续营业。 |
| On December 26, 2017, the People's Procuratorate of Fucheng District issued a written pre-litigation procuratorial proposal to the Human Resources and Social Security Bureau of Mianyang City, the Health and Family Planning Commission of Mianyang City, and the Health and Family Planning Bureau of Fucheng District, Mianyang City according to law. The People's Procuratorate of Fucheng District proposed that the Health and Family Planning Commission of Mianyang City and the Health and Family Planning Bureau of Fucheng District should separately give the two hospitals involved and the medical personnel involved administrative penalties according to law; the Human Resources and Social Security Bureau of Mianyang City ordered the two hospitals involved to refund the defrauded medical insurance funds and gave them administrative penalties according to law; the three administrative organs should strengthen regulation of medical institutions and practicing medical personnel and carry out ad hoc supervision and inspection on the practicing of medical institutions and medical personnel in Mianyang City. | | 2017年12月26日，涪城区检察院依法向绵阳市人力资源和社会保障局（以下简称市人社局）、绵阳市卫生和计划生育委员会（以下简称市卫计委）、绵阳市涪城区卫生和计划生育局（以下简称区卫计局）发出诉前检察建议书。建议市卫计委、区卫计局分别对两家涉案医院和涉案医务人员依法予以行政处罚；建议市人社局责令两家涉案医院退回被骗的医疗保险基金，并依法予以行政处罚；建议三家行政机关加强对医疗机构、执业医务人员的监督管理，对全市医疗机构和医务人员执业情况开展专项监督检查。 |
| The Health and Family Planning Commission of Mianyang City and the Health and Family Planning Bureau of Fucheng District conducted case investigation into the two hospitals involved and 42 medical personnel involved, ordered 12 medical personnel to make corrections or gave them warnings, revoked the practicing certificates of 26 physicians or suspended their practicing for one year. The health and family planning departments carried out ad hoc supervision and inspection and education and training of medical institutions and medical personnel across the city. The Human Resources and Social Security Bureau of Mianyang City invited experts from the Department of Human Resources and Social Security of Sichuan Province to guide the case handling. On March 12, 2018, it issued a written decision of administrative resolution and a written decision of administrative penalty according to law, recovered the defrauded medical insurance funds of over CNY31.15 million, and imposed a fine of over CNY81.02 million and a fine of over CNY21.78 million on the two hospitals involved, respectively. | | 市卫计委、区卫计局对两家涉案医院和42名涉案医务人员进行立案调查，对12名医务人员责令整改或予以警告，26名医师被吊销执业证书或暂停一年执业。卫计部门在全市范围内开展了医疗机构和医务人员专项监督检查和教育培训。市人社局聘请四川省人社厅专家指导办案，2018年3月12日依法作出行政处理决定书和行政处罚决定书，追缴被骗医保基金人民币3115余万元，并对两家涉案医院分别处以人民币8102余万元和人民币2178余万元的罚款。 |
| [Significance] | | 【典型意义】 |
| The basic medical insurance funds are state-owned property and concern the safety of drug use of the public. The smooth handling of this case has recovered huge state losses, safeguarded the “money bag” of citizens of Mianyang City for seeing a doctor, advanced the coordinated linkage of administrative functions through procuratorial supervision, rectified the administration of the medical industry and the medical insurance system, and effectively contained the chaos of “defrauding medical insurance funds.” It has achieved good legal effects and social effects. | | 基本医疗保险基金既是国有财产，也事关人民群众用药安全。本案的成功办理，挽回了巨额国家损失，维护了绵阳市民“看病钱袋子”，并通过检察监督推动了行政职能的协调联动，进行了医疗行业和医保制度管理大整顿，有效遏制“骗医保基金”乱象，具有良好的法律效果和社会效果。 |
| From different dimensions of hospital administration, occupation codes of medical personnel, and reimbursement from the medical insurance funds, the People's Procuratorate of Fucheng District unearthed the loopholes in the administration of medical insurance funds, raised a pertinent pre-litigation procuratorial proposal, urged the administrative organ to recover the defrauded medical insurance funds, investigated the administrative legal liabilities of the relevant personnel, made rectifications and prevention by taking such measures as special inspection, education, and training, and further expanded the supervision effects, which has fully demonstrated the special functions and value pursuits of procuratorial public interest litigation that “the handling of one case can govern similar cases and result in effects in one filed.” | | 涪城区检察院从医院管理、医务工作人员职业规范、医保基金报销等不同维度，深挖医保基金管理漏洞，提出具有针对性的诉前检察建议，促使行政机关追缴被骗医保基金，追究相关人员行政法律责任，采取专项督查、教育培训等措施整改和防范，进一步扩大监督效应，充分体现出检察公益诉讼“办理一案、治理一片、影响一面”的特殊功能和价值追求。 |
| 8. A public interest litigation case regarding negligent administration of monuments to martyrs in Yangtouya Township, Shouyang County, Shanxi Province | | 8.山西省寿阳县羊头崖烈士纪念设施疏于管理公益诉讼案 |
| [Keywords] | | 【关键词】 |
| Procedures before administrative public interest litigation; monuments to martyrs; joint protection by the military and local procuratorial organs | | 行政公益诉讼诉前程序 烈士纪念设施 军地联合保护 |
| [Key Points] | | 【要 旨】 |
| With respect to negligent administration of monuments to martyrs, the military and local procuratorial organs jointly conducted case investigation, issued a pre-litigation procuratorial proposal, and urged the administrative organ to actively perform its duties, which has explored and practiced a new pattern for the joint public interest protection by the military and local procuratorial organs. | | 军地检察机关对于烈士纪念设施疏于管理情形，共同立案并联合发出诉前检察建议，督促行政机关积极履职，探索和实践了军地联合保护公益的新模式。 |
| [Basic Facts] | | 【基本案情】 |
| The monument to martyrs in Yangtouya Township, Shouyang County, Shanxi Province was overgrown with weeds, garbage was piled up randomly around the auxiliary facilities, and there were chess rooms in the memorial gallery. The monument was built by the People's Government of Shouyang County in 1946 for commemorating martyrs who sacrificed their lives in the Anti-Japanese War. In July 2014, the People's Government of Shouyang County listed it as an education base of Red Revolution. As the competent administrative organ, the Veterans Affairs Administration of Shouyang County, failed to perform the duties of maintaining, repair, and strict administration of the monuments, which made the site that ought to be solemn, respectful, and inspiring become a deserted place lacking solemnity, seriously affected the public's admiration and visitation with reverence, and damaged the heroism and patriotism education. | | 寿阳县羊头崖烈士纪念塔塔体杂草丛生，其附属设施周边垃圾随意堆放，纪念展馆内设有棋牌娱乐室等。该纪念塔系寿阳县政府于1946年为纪念在抗日战争中牺牲的烈士所建，2014年7月，县政府将其列为红色革命教育基地。寿阳县退役军人事务管理局作为主管行政机关却未对纪念设施尽到维护、修缮、严格管理职责，使本应庄严、肃穆、激励奋进的场所变得荒芜和极不严肃，严重影响了群众对英雄烈士的崇拜和瞻仰，英雄主义和爱国主义精神教育受到损害。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| At the beginning of April 2019, in the ad hoc campaign of investigation and survey of monuments to heroes and martyrs jointly carried out by the People's Procuratorate of Shanxi Province and the Shijiazhuang Military Procuratorate. The monuments to heroes and martyrs are within the perview of public interest where the military and local procuratorial organs are responsible for protection. Under the guidance and support of the People's Procuratorates of Shanxi Province and Jinzhong City, the People's Procuratorate of Shouyang County wasted no time in transferring the case clues to the Shijiazhuang Military Procuratorate. Upon study and deliberation of the case facts, on April 11, the People's Procuratorate of Shouyang County and the Shijiazhuang Military Procuratorate jointly issued a pre-litigation procuratorial proposal to the Veterans Affairs Administration of Shouyang County and jointly urged the latter to legally perform its regulatory duties and punish such illegal acts as opening chess rooms in the monument so as to ensure that the national and public interests were not infringed. | | 2019年4月初，晋中市寿阳县人民检察院在山西省人民检察院和石家庄军事检察院联合开展的英雄烈士纪念设施调查摸底专项行动中发现该线索。英烈纪念设施是军地检察机关都负有责任保护的公益领域，寿阳县检察院在省、市检察院的指导和支持下，及时向石家庄军事检察院移送了案件线索，经双方研究讨论案情，于4月11日联合向寿阳县退役军人事务局发出了诉前检察建议，共同督促其依法履行监管职责并对在纪念设施内开设棋牌娱乐室等违法情形依法作出处理，确保国家和社会公益不受侵害。 |
| Upon receipt of the pre-litigation procuratorial proposal jointly issued by the military and local procuratorial organs, the Veterans Affairs Administration of Shouyang County attached great importance to it, instructed the deputy director in charge to serve as the leader of the task force rectification team, assembled human and financial resources to make rectifications within a prescribed time limit, completed the rectifications at a high standard and efficiency, made a written reply to the People's Procuratorate of Shouyang County and the Shijiazhuang Military Procuratorate on schedule, and invited the military and local procuratorial organs to conduct an on-site examination of the rectification progress. After handling this case, the military and local procuratorial organs and the relevant administrative organ held a conversazione to share the case-handling results, and formed a win-win concept. | | 寿阳县退役军人事务局收到军地联合诉前检察建议后，高度重视，责成分管副局长担任专门整治小组组长，调集人力、财力限期整改，高标准、高效率完成了整改任务，按时向寿阳县检察院和石家庄军事检察院进行了书面答复并邀请军地检察机关对整改情况进行了现场查看。案件办理后，军地检察机关和相关行政机关召开了座谈会，分享了办案成果，形成了共赢理念。 |
| [Significance] | | 【典型意义】 |
| General Secretary Xi Jinping once pointed out: “We shall defend, learn from, and care heroes.” Since 2019, the procuratorial organs across the country have made continuous efforts to the protection of heroes and martyrs and treated it as an important matter in the procuratorial public interest litigation. Jiangsu, Hubei, Inner Mongolia, Liaoning, and Hebei, etc., carried out in succession ad hoc supervision activities for monuments to heroes and martyrs. The smooth handling of this case is a reflection of the handling of public interest litigation cases regarding protection of heroes and martyrs by the procuratorial organs across the country and a judicial measure for implementing the Law on the Protection of Heroes and Martyrs and the Measures for the Administration of Protection of Monuments to Heroes and Martyrs with practical action. It has effectively safeguarded the national interests and the public interests. | | 习近平总书记指出，我们要捍卫英雄、学习英雄、关爱英雄。今年以来，全国检察机关把英烈保护作为检察公益诉讼的一项重要内容持续发力，江苏、湖北、内蒙古、辽宁、河北等地纷纷开展烈士纪念设施专项监督活动。本案的成功办理，是全国检察机关办理英烈保护类公益诉讼案件的一个缩影，是以实际行动贯彻落实《英雄烈士保护法》《烈士纪念设施保护管理办法》的司法举措，有效维护了国家利益和社会公共利益。 |
| The joint case-handling by military and local procuratorial organs and joint protection of rights and interests of heroes and martyrs by the procuratorial organs and administrative organs not only innovated case-handling patterns, but also formed joint forces for the protection of monuments to heroes and martyrs and the protection of public interests by all the people, effectively promoted good ethos of jointly defending the glory of heroes, and realized the organic unification of “Three Effects.” | | 军地检察机关联合办案，检察机关与行政机关共同保护英烈权益，既创新了办案模式，又形成了军地保护、全民保护公益的合力，有力地推动了全社会共同捍卫英雄荣光的良好风气，从而实现“三个效果”的有机统一。 |
| 9. People's Procuratorate of Linqing City, Shandong Province v. Forestry Bureau of Linqing City (A case regarding failure to legally perform duties) | | 9.山东省临清市人民检察院诉临清市林业局不依法履职案 |
| [Keywords] | | 【关键词】 |
| Administrative public interest litigation; deforestation; administrative liability and criminal liability | | 行政公益诉讼 滥伐林木 行政责任与刑事责任 |
| [Key Points] | | 【要 旨】 |
| The competent forestry administrative department was negligent in the performance of duties on the ground that the number of trees felled without a license has reached the benchmark for criminal case investigation. After the procuratorial organ issued a procuratorial proposal, it still failed to fully perform its duties according to law. The procuratorial organ instituted an administrative public interest litigation according to law, and urged the administrative organ to take regulatory measures, which has protected the national and public interests. | | 林业行政主管部门以无证砍伐林木数量达到刑事立案标准为由怠于履职，在检察机关发出检察建议后仍未依法全面履职，检察机关依法提起行政公益诉讼，督促行政机关采取监管措施，保护了国家和社会公共利益。 |
| [Basic Facts] | | 【基本案情】 |
| In June 2014, the Villagers' Committee of Dongluzhai East Village, Panzhuang Township, Linqing City sold poplar trees on the sandy land that has been leased to Wang. Without obtaining a felling permit, Wang felled over 8,000 poplars, causing over 100 mu of bare area of the sandy land. As the local competent forestry department, the Forestry Bureau of Linqing City failed to make an administrative resolution against the felling of trees without a permit, causing failure to restore the damaged forest resources, a large area of bare sandy land for several years, and the long-term infringement upon national and public interests. | | 临清市潘庄镇东路寨东村村委会于2014年6月将该村已出租沙荒地上的杨树卖于王某，王某在未办理采伐许可证的情况下，将8000余棵杨树砍伐，造成沙荒土地裸露面积达百亩以上。临清市林业局作为当地林业主管部门未对无证砍伐林木的违法行为作出行政处理，致使被破坏的森林资源未得到恢复，大面积沙荒土地裸露状态持续数年，国家利益和社会公共利益长期受损。 |
| [Investigation and Supervision over Performance of Duties] | | 【调查和督促履职】 |
| On April 5, 2017, the People's Procuratorate of Linqing City, Liaocheng City served a written procuratorial proposal upon the Forestry Bureau of Linqing City and proposed that the Forestry Bureau of Linqing City punish the felling trees without obtaining a felling license issued by the statutory competent department. On May 19, 2017, the Forestry Bureau of Linqing City made a reply on the ground that the case has met the requirements for criminal case investigation and it said that it would continue the case investigation and reply the case investigation progress to the procuratorial organ in a timely manner. | | 2017年4月5日，聊城市临清市人民检察院向临清市林业局送达检察建议书，建议该局对涉案杨树在未经法定主管部门核发采伐许可证的情况下被砍伐的行为依法作出处理。2017年5月19日，临清市林业局以案件已超过刑事立案标准为由进行了回复，并表示将继续查办，查办情况及时回复检察机关。 |
| On January 23, 2018, the People's Procuratorate of Linqing City issued a letter of investigation to the Forestry Bureau of Linqing City and required that the Forestry Bureau of Linqing City make a written explanation on the subsequent investigation into the illegal act of felling trees without a permit. On January 26, in the reply it made, the Forestry Bureau of Linqing City still said that it could not exercise the procuratorial proposal due to complexity of the case facts. Upon being communicated and urged, the Forestry Bureau of Linqing City held that the case had met the requirements for criminal case investigation and it was not feasible to order replanting of trees. During the period, the People's Procuratorate of Linqing City carried out a follow-up investigation and by means of site survey, and found that the destructed forest resources have not been restored and the national and public interests have been continuously infringed. | | 2018年1月23日，临清市检察院向临清市林业局发出调查函，要求临清市林业局书面说明对涉案无证砍伐林木违法行为的后续查办情况。当月26日，临清市林业局在回复中仍称案件复杂，不能履行检察建议。经沟通督促，临清市林业局认为，案件已超刑事立案标准，且责令补种不具有可操作性。期间，临清市检察院开展跟进调查，通过现场勘验等方式查明被破坏的森林资源一直未得到恢复，国家利益和社会公共利益持续处于受侵害状态。 |
| [Litigation and Enforcement] | | 【诉讼和执行】 |
| On March 23, 2018, the People's Procuratorate of Linqing City filed an administrative public interest lawsuit with the People's Court of Linqing City and required that the Forestry Bureau of Linqing City be ordered to perform its regulatory duties, the person committing the illegal act should replant the relevant trees, and the persons committing the illegal acts of felling trees without a permit should be given administrative penalties. On September 16, 2018, the People's Court of Linqing City entered a judgment, in which the claims of the procuratorial organ were upheld. | | 2018年3月23日，临清市检察院依法向临清市法院提起行政公益诉讼，要求：判令临清市林业局依法履行监管职责，责令违法行为人补种相应林木，对涉案无证砍伐林木的违法行为人依法作出行政处罚。临清市法院于2018年9月16日作出判决，支持了检察机关的诉讼请求。 |
| In January 2019, the Forestry Bureau of Linqing City ordered the violators to replant 40,000 trees, which were five times of the trees felled without a permit, and the violators have performed the obligation of replanting trees. On May 31, 2019, the Forestry Bureau of Linqing City conducted inspection and acceptance of the replanting and determined that the violators have completed the replanting of 40,000 trees and the destructed forest resources have been restored. | | 判决后，临清市林业局于2019年1月责令违法行为人补种滥伐林木株数五倍树木四万棵，违法行为人履行了补种义务。2019年5月31日，临清市林业局对补种情况进行了检查验收，认定完成补种树木四万棵，恢复了森林资源。 |
| [Significance] | | 【典型意义】 |
| The forest resources play an important role in water conservation, wind prevention, and sand fixation. The illegal felling of trees without a permit has damaged the ecological environment. The procuratorial organ initiated the procedures for administrative public interest litigation according to law, which has restored the damaged ecological environment and protected the forest resources and ecological environment. | | 森林资源对涵蓄水源、防风固沙具有重要作用，无证砍伐林木的违法行为致使生态受损，检察机关依法启动行政公益诉讼程序，修复了受损生态，保护了森林资源和生态环境。 |
| The Opinions on Strengthening Coordination between Administrative Law Enforcement and Criminal Justice issued by the Legislative Affairs Office of the State Council and other departments provided for issues concerning “coordination between administrative law enforcement and criminal justice” with the original intention of preventing “administrative penalty instead of criminal penalty.” There were disputes over the comprehension of the relevant clauses in the academia and the professionals. Criminal justice and administrative law enforcement are two different liability forms and the purposes of a criminal lawsuit are different from those of an administrative public interest lawsuit. Where the protection of public interests is involved, the administrative regulation and the criminal litigation procedure may be advanced side by side. The administrative organ may make a decision on administrative resolution that is different from the criminal resolution in nature for the same fact of violation. This case is a good attempt for the coordination between administrative law enforcement and criminal justice. | | 国务院法制办等部门出台的《关于加强行政执法与刑事司法衔接工作的意见》对于“两法衔接”有关问题作出了规定，其初衷是为了防止“以罚代刑”，在理论界和实务界对其相关条款的理解也存在争议。刑事和行政是两种不同的责任形式，刑事诉讼和行政公益诉讼的目的也是不相同的，在涉及公益保护的情况下，行政监管和刑事诉讼程序可平行推进，行政机关可以就同一违法事实作出与刑事处理性质不同的行政处理决定。本案即是就两法衔接问题进行的一次有益尝试。 |
| 10. People's Procuratorate of Wenchang City, Hainan Province v. Ocean and Fisheries Bureau of Wenchang City (A case regarding failure to legally perform duties) | | 10.海南省文昌市人民检察院诉文昌市海洋与渔业局不依法履职案 |
| [Keywords] | | 【关键词】 |
| Administrative public interest litigation; marine resources; fishing by using custom nets; failure to legally perform duties | | 行政公益诉讼 海洋资源 定置网捕捞 不依法履职 |
| [Key Points] | | 【要 旨】 |
| The long-term illegal fishing by using fishing nets with a mesh size smaller than the minimum size of mesh as prescribed by the state is a destructive form of fishing, which seriously damages the marine fishery resources and environment. After the procuratorial organ raised a procuratorial proposal, the wipe-out carried out by the competent fishery administrative department did not satisfy the legally prescribed law enforcement requirements. The procuratorial organ filed an administrative public interest lawsuit with the people's court, which has protected the marine ecological environment. | | 长期大量使用小于国家规定最小网目网具非法捕捞，是一种毁灭性的捕捞方式，严重破坏海洋渔业资源和环境。检察机关提出检察建议后，渔业行政主管部门开展的清理行动不符合法律规定的执法要求，检察机关依法向人民法院提起行政公益诉讼，保护了海洋生态环境。 |
| [Basic Facts] | | 【基本案情】 |
In the performance of duties, the People's Procuratorate of Wenchang City found such illegal situations as illegal fishing by excessively using illegal custom nets (commonly known as “kill-all nets”) and destruction of marine and fishery ecological environment in the sea areas within the jurisdiction of Wenchang City. It invited experts from the Hainan Academy of Oceanology and Fishery Sciences to conduct spot checks and verifications on site. This type of fishing gear was an inductive meshing trap and the minimum size of the mesh was 20 mm, which is smaller than the minimum size of 35 mm as prescribed by the State. The news media had repeatedly reported the local use of “kill-all nets” during the closed fishing seasons and in August 2016, the procuratorial organ issued a procuratorial proposal to urge the Ocean and Fishery Bureau of Wenchang City to make rectifications; however, the activities of illegal fishing by using custom nets were still failed to be contained and reduced. As the statutory regulatory department of fishery in seas, the Ocean and Fishery Bureau of Wenchang City (now the Bureau of Agriculture and Rural Affairs after the institutional reform) failed to take any effective administrative enforcement measures, causing the long-term and large-area illegal fishing by using custom nets in the sea areas within its jurisdiction.
．．．．．． | | 文昌市人民检察院在履行职责时发现，在文昌市辖区海域内存在大量使用违法定置网（俗称“绝户网”）非法捕捞，破坏海洋渔业生态资源的违法情形。经聘请海南省海洋与渔业科学院专家现场抽查鉴定，此类渔具属于导陷建网陷阱类，最小网目尺寸（20mm），不符合国家规定的最小网目尺寸（35mm）。新闻媒体曾多次对当地禁渔期使用“绝户网”情况进行报道，检察机关也曾于2016年8月发出检察建议督促进行整改，但定置网非法捕捞行为仍未得到遏制、减少。作为海洋渔业捕捞法定监管部门，文昌市海洋与渔业局（机构改革后现为农业农村局）未采取有效行政执法措施，致使辖区海域定置网非法捕捞现象长时间、大面积存在。
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