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Twenty-Six Model Cases regarding Public Interest Litigation Published by the Supreme People's Procuratorate [Effective]
最高人民检察院发布26件公益诉讼典型案例 [现行有效]
【法宝引证码】

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。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
On April 25, 2018, the People's Procuratorate of Wenchang City issued a pre-litigation procuratorial proposal to the Ocean and Fishery Bureau of Wenchang City and required that it wipe out all custom nets and give punishments according to law. On June 25, 2018, the Ocean and Fishery Bureau of Wenchang City stated in the reply that, during the period from May 4 to 13, 2018, it carried out an ad hoc campaign to wipe out the fishing gears violating the regulations across the city and seized 101 custom nets. Upon the follow-up investigation of the procuratorial organ, it was found that during the period from 2015 to August 21, 2018, the Ocean and Fishery Bureau of Wenchang City did not handle any administrative penalty case regarding the use of custom nets with mesh smaller than the minimum size of 35 mm; it only removed the illegal custom nets during the closed fishing seasons, but never punished such illegal acts during the non-closed fishing seasons. With respect to the 101 custom nets found in the ad hoc campaign, it only notified the fishermen to voluntarily wipe out 67 of them by posting a bulletin and failed to give them administrative penalties in strict accordance with the Fisheries Law, and failed to investigate and transfer the suspected crime of using forbidden fishing tools during the closed fishing seasons for punishment. On August 2, September 3, and December 21, 2018, the People's Procuratorate of Wenchang City conducted a follow-up supervision in Fengjia Bay and other sea areas and found that there were still lots of illegal fixed nets in these sea areas. 文昌市检察院于2018年4月25日向文昌市海洋与渔业局发出诉前检察建议,要求依法对定置网进行清理并进行处罚。文昌市海洋与渔业局于2018年6月25日回复称,已在2018年5月4日至5月13日期间,全市范围开展违规渔具清理专项行动,查处了101张定置网。经检察机关跟进调查,2015年至2018年8月21日期间,该局没有一宗因使用小于最小网目尺寸(35mm)定置网的行政处罚案件,且该局仅在禁渔期对违法定置网拆除,从未在非禁渔期对此类违法行为进行查处,尤其是对专项活动中发现的101张定置网该局只是采用告知牌告知渔民自行拆除67张网方式,未严格依照渔业法规定的行政处罚手段进行处置,对于在禁渔期内使用禁用捕捞工具可能涉嫌犯罪的情况也未依法进行调查并移交处理。文昌市检察院于2018年8月2日、9月3日、12月21日到冯家湾等海域跟进监督发现,该区域仍有大量违法定置网存在。
[Litigation and Enforcement] 【诉讼和执行】
On December 28, 2018, the People's Procuratorate of Wenchang City filed an administrative public interest lawsuit with the Haikou Maritime Court. It requested that the Haikou Maritime Court should confirm the illegality of defendant's administrative action of negligence in the performance of duties despite of lots of illegal custom nets in the sea areas within the jurisdiction of the defendant; and ordered the defendant to continue to perform the statutory duties within six months. On July 2, 2019, the Haikou Maritime Court held a court session. On September 19, 2019, it pronounced a judgment that defendant's act of failing to perform the statutory duties against the illegal custom nets in the sea areas within its jurisdiction should be confirmed illegal, and the defendant should be ordered to perform the statutory duties of punishing the fishermen for their illegal use of custom nets in the sea areas within its jurisdiction within six months after the judgment came into force. 2018年12月28日,文昌市检察院向海口海事法院提起行政公益诉讼。请求确认被告对辖区海域内大量存在的违法定置网怠于履行职责行政行为违法;判令被告在六个月内继续履行法定职责。海口海事法院于2019年7月2日进行开庭审理,2019年9月19日开庭宣判,判决确认被告对辖区海域内的违法定置网未完全履行法定职责的行为违法,责令被告在判决生效后六个月内履行查处辖区海域内违法定置网的法定职责。
After the judgment was pronounced, the Bureau of Agriculture and Rural Affairs of Wenchang City (the former Ocean and Fishery Bureau of Wenchang City) did not appeal and it voluntarily communicated with the People's Procuratorate of Wenchang City on how to investigate matters on illegal fishing by using custom nets and prepared an ad hoc campaign plan. 判决后,文昌市农业农村局(原海洋与渔业局)没有上诉,并主动与文昌检察院就如何查处定置网非法捕捞事宜进行沟通,同时制定专项行动方案。
[Significance] 【典型意义】
The destruction of marine resources and the damage of the marine ecological environment in China are in imperative situations and the protection of seas in China is facing serious challenges. In view of this, the Supreme People's Procuratorate deployed an ad hoc campaign of “Guarding the Seas” at the beginning of this year and this case is one of the model cases in the ad hoc campaign. The “custom nets” as mentioned in this case is commonly known as “kill-all nets,” which will catch all the fish withou exception. The long-term use of such nets will be devastating to the fishery resources. In the process of law enforcement, the administrative organ took the method of “flexible” law enforcement. Under the circumstance where the administrative organ failed to fully perform its duties, the illegal acts could not be effectively contained and the marine resources were continuously damaged. By filing an administrative lawsuit, the procuratorial organ advanced the legal and standardized law enforcement by the administrative organ and effectively protected the marine natural resources and ecological environment. 我国海洋资源破坏、海洋生态受损形势严峻,海洋保护正面临极大挑战,鉴于此最高人民检察院于今年年初部署了“守护海洋”专项行动,本案是专项行动中的一起典型案件。本案中提到的“定制网”俗名“绝户网”,这种渔网会将大小鱼一网打尽,长期使用对渔业资源会带来毁灭性打击。在行政机关执法过程中采取“变通式”执法,未依法完全履职的情况下,违法行为不能被有效遏制,海洋资源持续受到损害,检察机关通过提起行政诉讼的方式在促进行政机关依法规范执法的同时有效的保护了海洋自然资源和生态环境。
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

[Keywords] 【关键词】
Administrative public interest litigation; protection of traditional villages; ethnic minority areas; education of rule of law 行政公益诉讼 传统村落保护 少数民族地区 法治教育
[Key Points] 【要 旨】
With the economic and social development, traditional villages are gradually destructed and even perished. With respect to the failure of an administrative organ to legally perform the duties of protecting traditional villages, the people's procuratorate urged the administrative organ to legally perform its duties by instituting an administrative public interest litigation, which is of positive significance in strengthening the protection of traditional villages. 随着经济社会的发展,传统村落逐渐遭到破坏,甚至消亡。针对行政机关未能依法履行保护传统村落职责的行为,人民检察院通过提起行政公益诉讼督促其依法履职,对加强传统村落保护具有积极意义。
[Basic Facts] 【基本案情】
Zaidang and Guiliu Villages in Zaima Township, Rongjiang County are ethnic minority villages of residents of primarily the Dong ethnic group. Zaidang Dong Village was included in the first list of “Traditional Chinese Villages” in December 2012 and was granted the “Distinctive Ethnic Cultural Village Demonstration Site” by the Ethnic Affairs Commission of Guizhou Province in 2013. Guiliu Dong Village was included in the fourth list of “Traditional Chinese Villages” in December 2016. 榕江县栽麻镇宰荡、归柳均系以侗族人口为主的少数民族村寨,2012年12月宰荡侗寨被列入第一批“中国传统村落”名录,2013年被贵州省民委授予“特色民族文化村寨示范点”。2016年12月归柳侗寨被列入第四批“中国传统村落”名录。
In March 2018, the People's Procuratorate of Qiandongnan Prefecture arranged the deployment of, and carried out an ad hoc campaign on, the protection of traditional villages. In light of the actual circumstances, the People's Procuratorate of Rongjiang County conducted a 2-month in-depth investigation and interview in 16 traditional villages in the county. It found that after Zaidang Dong Village and Guiliu Dong Village have been included in the list of “Traditional Chinese Villages” for many years, there was no protection logo of “Traditional Chinese Villages” in the villages; villagers renovated the old houses and built new houses in a disorderly manner; they occupied farmland, river channels, and streams to build houses and a number of houses built with cement and bricks replaced the traditional ethnic wooden tile-roofed houses, which have seriously damaged the overall landscape of traditional Chinese villages and infringed upon the national and public interests. 2018年3月,黔东南州人民检察院安排部署开展传统村落保护专项工作。榕江县人民检察院结合实际对全县16个中国传统村落进行了为期两个月的深入调查走访,发现宰荡侗寨和归柳侗寨在列入“中国传统村落”名录数年后,村头寨尾仍未看到“中国传统村落”的保护标识,村民翻修旧房、新建住房处于无序状态,私自占用农田、河道溪流建房,大量修建的水泥砖房取代民族传统木质瓦房,严重破坏了中国传统村落的整体风貌,损害了国家和社会公共利益。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
In accordance with the relevant provisions of the Regulation of Guizhou Province on the Protection and Development of Traditional Villages, the People's Government of Zaima Township was responsible for the protection and development of traditional villages in its administrative region. In April 2018, the People's Procuratorate of Rongjiang County found through investigation and interview that the People's Government of Zaima Township was likely negligent in the performance of duties. Therefore, it decided to docket this case for investigation. It was found upon investigation that the People's Government of Zaima Township failed to implement the plan for the protection and development of traditional villages and take regulatory protection measures, and lacked guidance and management for the protection and development of the two traditional villages, resulting in serious damage of the overall landscape of the traditional villages. 依据《贵州省传统村落保护和发展条例》相关规定,栽麻镇人民政府负责本行政区域内传统村落的保护和发展,2018年4月,榕江县检察院在调查走访中发现栽麻镇人民政府可能存在怠于履职情形,遂决定立案调查。经查明,栽麻镇人民政府没有落实传统村落保护发展规划和控制性保护措施,缺少对两个传统村落保护发展引导和管理,致使传统村落整体风貌已遭受较为严重的破坏。
On May 7, 2018, the People's Procuratorate of Rongjiang County issued a procuratorial proposal to the People's Government of Zaima Township and proposed that the People's Government of Zaima Township perform the duties of protecting and regulating Zaidang Dong Village and Guiliu Dong Village. The People's Government of Zaima Township, Rongjiang County failed to make a written reply to the procuratorial proposal. On July 3 and 18, the People's Procuratorate of Songjiang County urged the People's Government of Zaima Township to perform its duties, but the People's Government of Zaima Township still made no response. After that, the People's Procuratorate of Rongjiang County dispatched personnel to Zaidang Dong Village and Guiliu Dong Village to make return visits and found that the damage to the traditional villages were not corrected but continued to get worse. 2018年5月7日,榕江县检察院向榕江县栽麻镇人民政府发出检察建议,建议对中国传统村落宰荡侗寨和归柳侗寨依法履行保护、监管职责。榕江县栽麻镇人民政府未对检察建议作书面回复。榕江县检察院分别于7月3日、7月18日两次向该镇政府催办,仍未予回复。此后该县检察院多次派员到宰荡侗寨和归柳侗寨回访,发现传统村落遭受破坏情况没有得到纠正,并在继续恶化。
[Litigation and Enforcement] 【诉讼和执行】
On December 28, 2018, the People's Procuratorate of Rongjiang County filed an administrative public interest lawsuit with the People's Court of Liping County (which had centralized jurisdiction for this type of cases) and requested the Court to confirm the illegality of failure of the People's Government of Zaima Township to legally perform the duties of regulating Zaidang Dong Village and Guiliu Dong Village; and order the People's Government of Rongjiang County to continue to perform the regulatory duties against the illegal acts of damaging the overall outlook of the traditional Chinese villages Zaidang Dong Village and Guiliu Dong Village. 2018年12月28日,榕江县检察院向黎平县人民法院(此类案件由该法院集中管辖)提起行政公益诉讼,请求确认榕江县栽麻镇人民政府对中国传统村落宰荡侗寨和归柳侗寨监管不依法履行职责行为违法;责令榕江县栽麻镇人民政府对破坏中国传统村落宰荡侗寨、归柳侗寨整体风貌的违法行为继续履行监管职责。
On February 27, 2019, the People's Court of Liping County held a public trial of this case in Rongjiang County by means of circuit court, entered a judgment in court, and upheld all claims of the procuratorial organ. The People's Government of Zaima Township told the Court that it would not appeal. The People's Government of Rongjiang County attached great importance to the case and notified fourteen townships and nine functional departments that were involved in the protection of traditional villages and had the regulatory duties and the persons-in-charge of the “Party branch committees and villagers' committees” of some traditional villages of observing the court trial. 2019年2月27日,黎平县法院采取巡回法庭方式到榕江县公开开庭审理本案,并当庭作出判决,支持检察机关全部诉讼请求,栽麻镇人民政府当庭表示不上诉。榕江县人民政府高度重视该案,通知涉及传统村落保护和具有监管职责的14个乡镇、9个职能部门、部分传统村落村支“两委”负责人参加了庭审旁听。
After the case entered the litigation procedure, the People's Government of Zaima Township prepared a rectification plan and the relevant functional departments of Rongjiang County provided active support and cooperation, jointly rectified the two traditional villages, and dismantled several non-conforming buildings. At present, various work has been steadily advanced and some effects have been achieved. 案件进入诉讼程序后,栽麻镇人民政府制定了整改方案,榕江县相关职能部门积极支持配合,共同对两个传统村落进行整治,拆除了多处违章建筑,目前各项工作稳步推进,取得了一定成效。
[Significance] 【典型意义】
Traditional ethnic villages are excellent historical and cultural heritages jointly owned by the Chinese ethnic minority peoples; however, with the changes of the times, damages of traditional villages are increasingly serious and the protection of traditional villages is extremely imperative. In the handling of this case, in accordance with the relevant state and local laws and regulations on the protection of traditional villages, by filing a public interest lawsuit, the procuratorial organ advanced the people's government at the township level to conduct law-based administration and undertake the statutory duty of protecting traditional villages, which has not only promoted the protection of traditional villages, but made a procuratorial contribution to the strategy of comprehensively advancing rural revitalization. 民族传统村落是中华民族共同的优秀历史文化遗产,但是随着时代变迁,传统村落遭到破坏的情况日益严重,保护传统村落迫在眉睫。本案办理过程中,检察机关依据国家及当地关于保护传统村落的相关法律法规,用公益诉讼的方式促进镇政府依法行政,担负起保护传统村落的法定职责,不仅促进了传统村落保护工作,也为全面推进乡村振兴战略贡献了检察力量。
The handling of this case is a good legal publicity and persons-in-charge of fourteen townships and nine traditional villages that were involved in the protection of traditional villages and had the supervisory duties and the “Party branch committees and villagers' committees” of some traditional villages observed the court trial. It has an effect of “handling of one case for promotion of a type.” 本案的办理是一次很好的法制宣传,涉及传统村落保护和具有监管职责的当地14个乡镇、9个职能部门、部分传统村落村支“两委”负责人都参加了庭审旁听,起到了办理一案带动一片的效果。
12. People's Procuratorate of Rong County, Sichuan Province v. Land and Resources Bureau of Rong County (A case regarding failure to fully perform 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

[Keywords] 【关键词】
Administrative public interest litigation; land resources; fully performing duties according to law; follow-up investigation; resorting to intelligence 行政公益诉讼 土地资源 依法全面履职 跟进调查 智慧借助
[Key Points] 【要 旨】
Upon receipt of a reply of an administrative organ on rectification to the pre-litigation procuratorial proposal, the procuratorial organ should conduct follow-up investigations into the actual progress of rectification made by the administrative organ. Where the procuratorial organ finds that the administrative organ fails to fully perform its duties and the national or public interests are still being infringed, the procuratorial organ should file an administrative public interest lawsuit according to law. 检察机关受到行政机关对诉前检察建议的整改回复后,应当对行政机关的实际整改情况进行跟进调查,发现行政机关未依法全面履职,国家利益或者社会公共利益仍处于受侵害状态的,应当依法提起行政公益诉讼。
[Basic Facts] 【基本案情】
In October 2014, Hongkang Agriculture Co., Ltd. in Rong County, Sichuan Province (hereinafter referred to as “Hongkang Company”) circulated 27.738 mu of collectively-owned land of Shiduiwo Village (including 8.3 mu of arable land and 19.438 mu of other land) in the name of plantation, breeding, and agricultural economic development in Shiduiwo Village, Xuyang Township, Rong County. In March 2015, Hongkang Company applied to the Land and Resources Bureau of Rong County for dumping earthwork on the ground so that the plot was not suitable for growing flowers and seedlings. It levelled the land and paid CNY17,320 for the reclamation of 2 mu of arable land and the balance between occupancy and supplement of arable land. With the approval of the Land and Resources Bureau of Rong County upon review, Hongkang Company paid the relevant charges; however, it did not actually level the land or use the land for plantation, breeding, or agricultural economic development. Instead, it has dumped construction muck on this plot for a long term for making profits, resulting in farming failure due to the barren land and destruction of arable land resources. 2014年10月,四川省荣县鸿康农业有限公司在荣县旭阳镇石碓窝村以种、养殖业及农业经济开发的名义流转了石碓窝村集体27.738亩土地(其中耕地8.3亩,其他土地19.438亩)。2015年3月,鸿康公司以该宗地不利于花卉苗木种植为由,向荣县国土资源局申请对该宗地倾倒土石方进行土地平整、缴纳2亩土地的耕地复垦费和占补平衡费1.732万元。荣县国土资源局审批同意后,鸿康公司缴纳了相关费用,但其后续并未实际平整土地,也未用于种、养殖业和农业经济开发,而是长期在该宗地上倾倒建筑渣土,以此营利,致使土地荒芜无法耕种,耕地资源遭到破坏。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
In March 2018, upon receipt of the relevant tip-offs, the People's Procuratorate of Rong County carried out the preliminary investigation and found that the Land and Resources Bureau of Rong County failed to perform its duties according to law. Therefore, it docketed this case for investigation, formed a group with the chief procurator as the group leader, and explored a new pattern of case handling by integrated coordination with “public interest litigation + case management, public prosecution, procuratorial technology, and participation of judicial policemen.” The People's Procuratorate of Rong County found that the Land and Resources Bureau of Rong County approved Hongkang Company's application for levelling the land and collected the reclamation fees as in violation of the regulations, and it neither punished Hongkang Company for its illegal land occupation and destruction of land resources nor supervised the reclamation by Hongkang Company. 2018年3月,荣县人民检察院收到群众相关举报,开展初步调查后发现荣县国土资源局存在未依法履行职责的行为,遂立案开展调查,成立检察长为组长,探索“公益诉讼+案件管理、公诉、检察技术、法警参与”一体化协作办案新模式,查明:荣县国土资源局违规同意鸿康公司平整和收取复垦费,既未对鸿康公司违法压占土地破坏土地资源的行为进行处罚,也未监督其复垦。
On May 10, 2018, the People's Procuratorate of Rong County issued a procuratorial proposal to the Land and Resources Bureau of Rong County and proposed that the Land and Resources Bureau of Rong County give Hongkang Company an administrative penalty for its illegal acts and order and supervise Hongkang Company's reclamation of the damaged arable land. 2018年5月10日,荣县检察院向荣县国土资源局发出检察建议,建议其对鸿康公司的违法行为依法作出行政处罚,并责令、监督鸿康公司将破坏的耕地复垦。
On July 5, 2018, the Land and Resources Bureau of Rong County made a written reply to the procuratorial proposal, saying that it had docketed this case for investigating Hongkang Company, organized the land reclamation discussions and representative assemblies of villagers whose land was circulated, ordered Hongkang Company to conduct land reclamation as required within 60 days, organized scene inspection on reclamation at an appropriate time, and guaranteed and supervised the implementation of land reclamation and rectification. 2018年7月5日,荣县国土资源局对检察建议作出书面回复称:对鸿康公司进行了立案调查,组织了土地整理工作座谈会、流转土地村民代表会,责令鸿康公司60日内按要求进行土地复垦,并适时组织复垦现场检查,保证监督土地复垦整改到位。
Upon receipt of the reply, the People's Procuratorate of Rong County continued to follow up the investigation into the rectification progress and after several scene investigations, UAV aerial video, and collection of testimonies of village collective organizations and personnel of the Land and Resources Bureau of Rong County, and consulting expert opinions, it further found that: The Land and Resources Bureau of Rong County had twice approved the reclamation plan of continuous land occupation not conforming to the prescribed requirements prepared by Hongkang Company as in violation of the regulations and gave Hongkang Company no penalty for its continuous dumping of construction muck in the name of reclamation. The area of land occupied by Hongkang Company was increased to 37.1025 mu and the area of occupied arable land was increased to 17.284 mu. 收到回复后,荣县检察院对整改情况进行持续跟进调查,经过多次现场勘验、无人机航拍、收集村集体组织和国土资源局工作人员证言、咨询专家意见,进一步查明:荣县国土资源局先后两次违规同意鸿康公司编制的不符合要求继续压占土地的复垦方案,对其借复垦为名持续倾倒建筑渣土没有作出任何处罚,鸿康公司压占土地面积增加到37.1025亩,其中压占的耕地面积增加到17.284亩。
[Litigation and Enforcement] 【诉讼和执行】
On December 28, the People's Procuratorate of Rong County filed an administrative public interest lawsuit with the People's Court of Rong County and requested the People's Court of Rong County to confirm that the negligent performance of land supervision and administration duties against Hongkang Company's illegal land occupation by the Land and Resources Bureau of Rong County was illegal; and to order the Land and Resources Bureau of Rong County to perform the regulatory duties against Hongkang Company's reclamation of the illegally occupied land according to law. 2018年12月28日,荣县检察院向荣县人民法院提起行政公益诉讼,诉请确认荣县国土资源局对鸿康公司非法压占土地的行为怠于履行土地监督管理职责违法;判令荣县国土资源局依法履行对鸿康公司复垦被其非法压占土地的监督管理职责。
On February 26, 2019, the Land and Resources Bureau of Rong County made another written reply to the People's Procuratorate of Rong County that it organized acceptance of the reclamation of the parcel of land on February 22, 2019, and verified that the construction items in the reclamation plan have been basically completed and the acceptance group has raised rectification proposals for side slopes, water drainage, and soil quality. In the first tertile of April 2019, for the purpose of verifying whether Hongkang Company has made rectification within the prescribed time limit, the People's Procuratorate of Rong County organized to take another UAV aerial video, inquired the legal representative of Hongkang Company, entrusted the Chuanfa Environmental Damage Judicial Expertise Center with issuing expert opinions, and affirmed that Hongkang Company failed to make any rectification of the parcel of land as proposed by the acceptance group. 2019年2月26日,荣县国土资源局再次书面回复荣县检察院称已于2019年2月22日组织对该宗土地复垦进行验收,证明按照复垦方案建设内容基本完成,验收组对边坡、排水、土壤质量等方面提出了整改建议。2019年4月上旬,为核实整改究竟是否到位,荣县人民检察院再次组织无人机航拍,询问鸿康公司法定代表人,委托川法环境损害司法鉴定所出具专家意见,证实鸿康公司未按照验收组提出的建议对该宗土地进行任何整改。
On April 18, 2019, the People's Court of Rong County held an open court trial of this case, which was live broadcast on tingshen.court.gov.cn. The chief procurator of the People's Procuratorate of Rong County, the chief justice of the People's Court of Rong County, and the director of the Land and Resources Bureau of Rong County participated in the court trial. Over one hundred of people including three-level NPC members, CPPCC members, people's supervisors, major persons-in-charge of administrative organs of Rong County, and journalists observed the court trial. With respect to the defense opinions of the Land and Resources Bureau of Rong County that it had legally performed its regulatory duties, the procuratorial personnel appearing in court stated that: The Land and Resources Bureau of Rong County failed to perform the regulatory duties against Hongkang Company's illegal acts which had lasted for three years; upon receipt of the pre-litigation procuratorial proposal, although the Land and Resources Bureau of Rong County has carried out some work, it failed to punish Hongkang Company for its occupation of excessive land in the name of reclamation and it failed to fully perform its duties; after a lawsuit was filed against it, although the Land and Resources Bureau of Rong County gave Hongkang Company an administrative penalty, it still failed to legally and fully supervise Hongkang Company to make rectification in strict accordance with the national standards. 2019年4月18日,荣县法院对本案公开开庭审理,在中国庭审公开网全程网络直播。荣县检察院检察长、法院院长、国土资源局长均参与此次庭审。三级人大代表、政协委员、人民监督员、荣县行政机关主要负责人、媒体记者等一百余人旁听。针对荣县国土资源局提出其已经依法履行监督管理职责的答辩意见,出庭检察人员指出,荣县国土资源局此前对鸿康公司长达三年的违法行为未履行监督管理职责;收到诉前检察建议后,虽然开展了一定的工作,但未对鸿康公司借复垦为名压占更多的土地进行处罚,履行职责仍然不全面;被起诉后,虽然对鸿康公司进行了行政处罚,但仍未能依法全面监督该点位严格按照国家标准整改到位。
On May 21, 2019, the People's Court of Rong County entered a judgment of the first instance, in which all claims of the procuratorial organ were upheld and the Land and Resources Bureau of Rong County was ordered to perform its duties respecting the subsequent reclamation of the land involved within 90 days after the judgment came into force. After the judgment came into force, the rectified parcel of land was accepted again by the expert group and it was confirmed that the reclamation has been implemented. After that, this case was reported by the Procuratorate Daily entitled “Reclamation of Circulated Land”. The standing committees of the National People's Congress at the county and city level successively inspected the reclamation scene, spoke highly of the efforts made by the procuratorial organ to positively carry out public interest litigation and protect land resources. The handling of this case has realized the unification of regulation effects, social effects, and legal effects. 2019年5月21日,荣县法院对该案作出一审判决,支持检察机关全部诉讼请求,并责令荣县国土资源局在判决生效后90日内对本案所涉土地后续复垦事项依法履行职责。判决生效后,该宗地经整改后再次经专家组验收已复垦到位。此后,检察日报以《流转土地复垦》为题进行了报道,县、市两级人大常委会先后到复垦现场视察,高度评价检察机关积极开展公益诉讼工作,为保护土地资源所作出的努力,案件实现政治效果、社会效果和法律效果的统一。
[Significance] 【典型意义】
Land is the foundation for people's development and living. As the first model administrative public interest litigation case regarding protection of arable land in Sichuan Province, this case is of great significance in advancing the construction of ecological civilization. First, the chief procurator directly handled the case, which contributed to improving the case quality in the whole process. As the case-handling group leader, the chief procurator strictly grasped the docketing, evidence, and documents, directly participated in case investigation, follow-up supervision, study and discussion, and appearance in court to uphold prosecution, and guided and motivated the front-line procurators to effectively perform their duties. Second, the procuratorial organ continued to conduct follow-up investigations and ensured the implementation of public interest restoration. Upon receipt of the written reply of the administrative organ, the procuratorial organ continued to conduct follow-up investigations on the rectification progress and found that the administrative organ failed to fully perform its duties and the public interests were still being infringed. Therefore, the procuratorial organ filed a public interest lawsuit with the people's court. Third, the in-depth participation of procuratorial technologies promoted the scientific and efficient case-handling. The procuratorial technicians and judicial policemen both participated in the investigations for over 30 times, over 80 photographs were taken, 49 pieces of various evidence were collected, two scene investigation transcripts were prepared, three UAV aerial videos were made, and the expert opinions were consulted for three times. Finally, the administrative organ's failure to fully perform duties was confirmed from the both technology and law and the case-handling quality was ensured. Fourth, the litigation activities were made out to a vivid lecture on rule of law. Over one hundred of people including the NPC members, CPPCC members, people's supervisors, persons-in-charge of administrative organs, and journalists were invited to observe the court trial and understand the law from the case. After the case conclusion, a publicity film was prepared so as to create a visual class for rule of law and realize that “the handling of one case can make an example for a category of entities or people and educate the whole society.” 土地是人类发展生息之基础。本案作为四川省首例耕地保护的行政公益诉讼典型案例,对于推进生态文明建设具有重要意义。一是检察长直接办案,全程规范提升案件质量。检察长为办案组长,严把立案关、证据关、文书关,直接参加案件调查、跟进监督、研究讨论、出庭支持起诉,引领激励一线检察官更好的履职尽责。二是持续跟进调查,确保公益修复到位。收到行政机关的书面回复后,对整改情况持续跟进调查,发现行政机关未全面依法履职,公益仍然遭受侵害,依法向人民法院提起公益诉讼。三是检察技术深度参与,推进办案科学高效。检察技术人员、法警共参与调查30余次,拍摄照片80余张,收集各类证据49份,制作现场勘验笔录2份,无人机航拍3次,先后3次咨询专家意见,最终从技术和法律两个层面确认行政机关未依法全面履职,确保案件质量。四是将诉讼做成生动的法治课。广泛邀请人大代表、政协委员、人民监督员、行政机关负责人、媒体记者等一百余人旁听庭审,以案释法。案件办结后制作专门宣传片,打造生动直观的法治课堂,实现办理一案,警示一片,教育社会面。
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

[Keywords] 【关键词】
Procedures before civil public interest litigation and administrative public interest litigation; air pollution; compensation for environmental damage; treatment from the root causes 民事公益诉讼与行政公益诉讼诉前程序 大气污染 环境损害赔偿 源头治理
[Key Points] 【要 旨】
By filing a public interest lawsuit, the procuratorial organ urged the polluting enterprise to assume the liability as the main body for treating the environmental pollution and promoted the enterprise to transform and upgrade its environmental protection technology and to solve the difficult industrial problems from the source. By so doing, the procuratorial organ has realized win-win of ecological benefits and economic benefits. 检察机关通过公益诉讼的手段,督促污染企业承担环境污染治理主体责任,促进企业进行环保技术改造升级,从源头上解决行业难题,实现了生态效益与经济效益的共赢。
[Basic Facts] 【基本案情】
Since 2009 when it was put into production, Inner Mongolia Fufeng Biotechnology Co., Ltd. (hereinafter referred to as “Fufeng Company”) emitted malodorous gas due to defective air pollution treatment facilities, which affected the air and environmental quality and the living of urban residents. With the extension of urban areas of Hohhot City, the scope of residents affected by the malodorous gas expanded and malodorous gas became an issue reflected during the period of environmental protection supervision of the Central Government and “follow-up checks.” 内蒙古阜丰生物科技有限公司(以下简称阜丰公司)自2009年投产以来,因大气污染治理设施不健全导致恶臭气体大量排放,影响空气环境质量及城区居民生活。随着呼和浩特市城区范围的不断扩大,受恶臭气体影响的居民范围越来越大,并先后成为中央环保督察及“回头看”期间的重点反映问题。
[Investigation and Litigation] 【调查和诉讼】
The clues to this case were from tip-offs during the environmental protection supervision of the Central Government and “follow-up checks.” After docketing this case in March 2018, the People's Procuratorate of Hohhot City confirmed that Fufeng Company emitted malodorous gas in violation of the Atmospheric Pollution Prevention and Control Law, which has affected the atmospheric environment quality and seriously affected the living of urban residents. With respect to the amount of compensation for environmental damages, the Environmental Protection Bureau of Hohhot City assisted in the issuance of the Proposals for the Calculation of the Amount of Compensation Made by Inner Mongolia Fufeng Biotechnology Co., Ltd. According to the calculation method of virtual treatment costs, it was determined that the amount of compensation for environmental damages that should be paid by Fufeng Company was CNY105.6 million. After making a public announcement, on July 16, 2018, the procuratorial organ filed a civil public interest lawsuit with the Intermediate People's Court of Hohhot City and requested the Court to order that defendant stop the infringement and eliminate risks of environmental damage and assume the costs for restoring the environment and treating the environmental pollution that has been caused, CNY105.6 million in total. 本案线索来源于中央环保督察及“回头看”期间群众举报,呼和浩特市人民检察院于2018年3月立案后,通过实地调查、调取企业环评报告以及环保局监测记录、行政处罚情况等方式,确定阜丰公司违反《大气污染防治法》排放恶臭气体,影响大气环境质量,对城区居民生活造成严重影响。关于环境损害赔偿数额,由呼和浩特市环境保护局协助出具了《关于内蒙古阜丰生物科技有限公司赔偿额核算的建议》,根据虚拟成本治理计算方式确定阜丰公司应当承担的环境损害赔偿额为1.0560亿元。经依法公告后,检察机关于2018年7月16日,向呼和浩特市中级人民法院提起民事公益诉讼,请求判令被告停止侵害、消除环境损害危险,判令被告承担对已造成的环境污染进行修复治理的费用共计1.0560亿元。
For the purpose of restraining the enterprise's pollution, the People's Procuratorate of Hohhot City simultaneously issued an administrative pre-litigation procuratorial proposal to the Environmental Protection Bureau of Hohhot City and urged it to perform its duties of regulating the environmental protection of Fufeng Company. Upon receipt of the procuratorial proposal, the Environmental Protection Bureau of Hohhot City gave Fufeng Company an administrative penalty that the Company should reduce its production and pay a fine of CNY300,000. In a written reply, it stated that it would positively cooperate with the procuratorial organ in filing a civil public interest lawsuit against the enterprise and continue to perform the regulatory duties. 为及时制止该企业的污染行为,呼和浩特市检察院同时向呼和浩特市环境保护局发出行政诉前检察建议,督促其对阜丰公司的环境污染行为依法履行监管职责。该局收到检察建议后,对阜丰公司作出责令限制生产、处以30万元罚款的行政处罚,并书面回复将积极配合检察机关对该企业提起民事公益诉讼,继续履行监管职责。
In the litigation process, Fufeng Company invested CNY60 million to introduce a new environmental protection process. Upon expert argumentation, the process can reduce and decrease air pollution. At the same time, Fufeng Company expressed to the People's Procuratorate of Hohhot City its willingness of settlement. Both parties reached a pre-litigation settlement upon negotiation and agreed that the environmental treatment funds Fufeng Company invested after the lawsuit was filed should be recognized, Fufeng Company should pay the Finance Bureau of Hohhot City the remaining restoration costs of CNY40 million, and Fufeng Company should guarantee there would be no more air pollution. After the settlement agreement was signed, Fufeng Company paid the restoration costs in full amount and continued to invest approximately CNY100 million for comprehensive technical transformation. Upon monitoring and assessment by the environmental protection department, the emission of malodorous gas has been completely settled. Considering that Fufeng Company has eliminated the environmental hazards and paid the restoration costs, the purposes of this public interest lawsuit have been realized. In January 2019, the People's Procuratorate of Hohhot City filed an application for withdrawing the lawsuit with the Intermediate People's Court of Hohhot City, which was allowed. 本案诉讼过程中,阜丰公司先后投资近6000万元引进新环保工艺,经专家论证,该工艺可以达到降低并减少大气污染的效果。同时,该公司向呼和浩特市检察院表达和解意愿,后双方经协商达成诉前和解,约定认可阜丰公司在案件起诉后已投入的环境治理资金,阜丰公司向市财政局支付剩余修复费用4000万元,并确保不再产生大气污染问题。和解协议签订后,阜丰公司足额缴纳修复费用,并继续投入近1亿元用于全面技术改造。经环保部门监测评估,其恶臭气体排放问题得到根本解决。鉴于阜丰公司已消除环境损害危险,缴纳修复费用,本案公益诉讼目的已经实现,呼和浩特市检察院于2019年1月向呼和浩特市中级人民法院提出撤回起诉申请,呼和浩特市中级人民法院裁定准许市检察院撤回起诉。
The emission of malodorous gas is a prevalent problem that is difficult to be treated in the industry of biological fermentation. Advanced by this case, the improved production process of Fufeng Company for treating the emission of malodorous gas has been granted a national patent and Fufeng Company becomes an enterprise taking the lead in solving this problem among similar enterprises across the country. 恶臭气体排放问题是生物发酵类行业普遍存在的治理难题,在本案推动下,阜丰公司治理恶臭气体排放改进的生产工艺获得了国家专利,成为全国同类企业中率先解决此问题的企业。
[Significance] 【典型意义】
The civil public interest lawsuits regarding air pollution has such difficulties in fixing evidence, assessing damages, and conducting restoration and treatment. In the handling of this case, the People's Procuratorate of Hohhot City successfully solved such difficulties by depending on expert argumentation and assistance and cooperation of the ecological environment department. 大气污染类民事公益诉讼案件存在证据固定难、损害评估难、修复治理难等问题,呼和浩特市检察院在办理该案时,依托专家论证及生态环境部门的协助配合,成功解决了这一难题。
In this case, while filing the civil public interest lawsuit, the procuratorial organ issued to the relevant administrative organ an administrative pre-litigation procuratorial proposal. With joint efforts, both parties realized the purposes (suspension of production and production restriction) that cannot be realized by civil public interest litigation, prohibited the emission of malodorous gas, and safeguarded the public interests in a timely manner. It is worth noting that under normal circumstances, after a civil public interest lawsuit is filed, it is inappropriate to issue an administrative pre-litigation proposal to the competent administrative department for a same offense unless it is for realizing the purpose that cannot be realized by filing a civil public interest lawsuit. 本案中,检察机关在提起民事公益诉讼的同时,向有关行政机关也发出了行政诉前检察建议,双方共同发力,解决了民事公益诉讼不能实现的目标(如停产、限产),制止了恶臭气体的排放,及时保护了公益。值得注意的是,一般情况下,在提起民事公益诉讼后不宜再就同一违法事实向行政主管部门发出行政诉前建议,除非是为了实现民事公益诉讼不能实现的目标。
A procuratorial organ is not the enemy of an enterprise. In this case, the enterprise solved the difficult problem in the industrial environmental pollution treatment by investing funds to upgrade and transform facilities and was granted a national patent. In this way, win-win was realized in solving environmental pollution, promoting the optimization and upgrading of the enterprise, and improving the economic returns. 检察机关与企业并不是对立关系,本案中,企业通过投入升级改造,还申请了国家专利,解决了行业环境治理难题,实现解决环境污染、促进企业优化升级、提升经济效益的共赢。
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) 

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

[Keywords] 【关键词】
Civil public interest litigation; Internet; infringement upon the reputation of martyrs 民事公益诉讼 互联网 侵害烈士名誉
[Key Points] 【要 旨】
The publishing of pejorative remarks on heroes and martyrs in the WeChat Moments is an illegal act of infringing upon the reputation and honor of martyrs by using the Internet, which constitutes an infringement on the public interests. Where no close relative of a martyr files an infringement lawsuit, the procuratorial organ may file a public interest litigation lawsuit according to law. 在微信朋友圈发布对英烈的侮辱性言论,属于利用网络侵害烈士名誉、荣誉的违法行为,损害了社会公共利益。烈士近亲属没有提起侵权诉讼的,检察机关可依法提起公益诉讼。
[Basic Facts] 【基本案情】
On the afternoon on March 31, 2019, on the scene of forest fire rescue in Liangshan Yi Autonomous Prefecture, Sichuan Province, a fire broke out due to sudden changes in wind force and direction. Twenty seven forest fire officers and three local firefighting members sacrificed their lives. On April 2, the Ministry of Emergency Management and the People's Government of Sichuan Province approved the 30 comrades as martyrs. All sectors of society expressed condolence to them. On the same day, Huo openly published improper pejorative remarks on the event where the martyrs sacrificed their lives in the fire in his WeChat Moments, which undermined the morality and image of the martyrs. Such remarks evoked great indignation of the public, caused execrable social effects, and seriously infringed the public interests. 2019年3月31日下午,在四川省凉山州发生森林火灾救援现场,因风力风向突变,突发林火爆燃,27名森林消防指战员和3名地方扑火队员在扑火行动中壮烈牺牲。4月2日,国家应急管理部、四川省人民政府批准30名同志为烈士。社会各界对凉山烈士的牺牲纷纷表示哀悼。当日,霍某在其微信朋友圈中对凉山烈士救火牺牲一事公然发布带有侮辱性的不当言论,诋毁凉山烈士的品德和形象,引起众多网友的极大愤慨,造成了恶劣的社会影响,严重损害了社会公共利益。
[Investigation and Litigation] 【调查和诉讼】
On April 2, 2019, the People's Procuratorate of Lianchi District, Baoding City identified this clue and transferred the clue to the People's Procuratorate of Baoding City on the same day. Upon preliminary investigation, the People's Procuratorate of Baoding City docketed this case on July 24, initiated the procedure for handling a public interest lawsuit, and carried out investigation and evidence-taking. On July 31, the People's Procuratorate of Baoding City performed the pre-litigation procedure for a civil public interest lawsuit, issued an announcement in the media, and notified the relatives of the 30 firefighters of filing civil lawsuits against Huo for his pejorative remarks. After the time limit of announcement expired, the relatives of such 30 firefighters filed no civil lawsuit. 2019年4月2日,保定市莲池区人民检察院发现该线索,同日移送保定市人民检察院,经初步调查,保定市检察院于7月24日立案,启动公益诉讼案件办理程序,并积极开展调查取证工作。7月31日,保定市检察院依法履行民事公益诉讼诉前程序,在媒体上发布公告,告知四川省凉山30名救火英雄的亲属可以就霍某发表侮辱烈士言论的行为提起民事诉讼,公告期限届满,30名救火英雄的亲属未提起民事诉讼。
On August 30, the People's Procuratorate of Baoding City filed a civil public interest lawsuit with the Intermediate People's Court of Baoding City, requesting that defendant Huo's civil liability for infringement upon the reputation and honor of heroes and martyrs in Liangshan Prefecture be investigated, and that the Court order the defendant to publicly extend a formal apology on the national media to eliminate the adverse effects. On September 24, the Intermediate People's Court of Baoding City held an open court trial of the case and pronounced in court that it upheld all claims of the procuratorial organ. Huo told the Court that he would not appeal and he read his letter of apology in court, feeling deeply regretted publishing pejorative remarks, and wished for the forgiveness of the relatives of heroes and martyrs and the public. On September 26, Huo published a letter of apology on the Procuratorate Daily and extended his apology to the relatives of the heroes and martyrs in Liangshan Prefecture and the whole society. Over one hundred people, including the NPC members, CPPCC members, student representatives, and representatives of the people observed the court trial and expressed their feelings after the court trial. The case has achieved the effects of “handling a case may admonish plenty of people, educate and guide the whole society.” 8月30日,保定市检察院依法向保定市中级法院提起民事公益诉讼,要求追究被告霍某侵害凉山英雄烈士名誉权、荣誉权的民事责任,请求判令被告通过国家级媒体公开赔礼道歉,消除影响。9月24日,保定市中级法院公开开庭审理本案并当庭宣判,支持了检察机关的诉讼请求。霍某当庭表示不上诉,并当众宣读致歉信,对自己发表侮辱性言论的违法行为深感后悔,希望得到英雄烈士的亲属及广大社会公众的原谅。9月26日,霍某在《检察日报》上刊发致歉信,向凉山英烈的亲属以及全社会致歉。保定市人大代表、政协委员、学生代表、群众代表等百余人现场观看庭审,庭后纷纷发表感慨,取得了办理一案,警示一片,教育引导社会面的效果。
[Significance] 【典型意义】
The image of a hero or martyr is the embodiment of the national spirit and the benchmark for guiding the social morals. The name, portrait, reputation, and honor of a hero or martyr are not only important items in personal interests, but important components of social justice and contain the socialist core values and the common national feeling. 英雄烈士的形象是民族精神的体现,是引领社会风尚的标杆。英雄烈士的姓名、肖像、名誉和荣誉等不仅是个人权益的重要内容,更是社会正义的重要组成内容,蕴含了社会主义核心价值观和民族的共同情感。
The Internet is not a place outside of judicial reach. Article 22 of the Law of the People's Republic of China on the Protection of Heroes and Martyrs provides that “No organization or individual may insult, defame, or otherwise infringe upon the name, portrait, reputation, or honor of a hero or a martyr on any public occasion or the Internet, or by use of radio, television, films, publications or any other means.” The act of openly publishing pejorative remarks on the Internet and undermining the images of martyrs has execrable impacts and has seriously infringed the public interests. 互联网不是法外之地。《中华人民共和国英雄烈士保护法》第二十二条规定,任何组织和个人不得在公共场所、互联网或者利用广播电视、电影、出版物等,以侮辱、诽谤或者其他方式侵害英雄烈士的姓名、肖像、名誉、荣誉。利用互联网公然发布侮辱性言论,诋毁烈士形象,影响恶劣,严重损害了社会公共利益。
This case is a typical example where a procuratorial public interest lawsuit is filed against an act of impairing the reputation and honor of heroes and martyrs on the Internet. The procuratorial organs in Jiangsu, Zhejiang, Fujian, Yunnan, Shaanxi, Hainan, and other places also successively filed civil public interest lawsuits. Defending the reputation of heroes and martyrs by applying the procuratorial public interest litigation means has demonstrated the clear judicial value orientation of the people's procuratorial organs and it is of great significance in strengthening the protection of heroes and martyrs, inheriting and carrying forward the spirit of heroes and martyrs, maintaining the public's feelings to heroes and martyrs, rectifying public order and good morals, and carrying forward the socialist core values. 对通过互联网损害英雄烈士名誉权、荣誉权的行为提起检察公益诉讼,本案只是其中的一个典型代表。江苏、浙江、福建、云南、陕西、海南等地检察机关也先后提起多起民事公益诉讼。运用检察公益诉讼手段依法捍卫英雄烈士的名誉,彰显了人民检察机关的鲜明司法价值导向,对于加强英雄烈士的保护,传承和弘扬英雄烈士精神,维护社会公众对英雄烈士的情感,匡正社会公序良俗,弘扬社会主义核心价值观,具有重要意义。
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

[Keywords] 【关键词】
Procedures before civil public interest litigation; ecological and environmental damage; pre-litigation settlement; hearing 民事公益诉讼诉前程序 生态环境损害 诉前和解 听证
[Key Points] 【要 旨】
In a civil public interest lawsuit, where, before filing the lawsuit, under the premise of adhering to objective and just position, the procuratorial organ has reached a settlement agreement with the tortfeaser in the way of hearing, the transgressor has fully performed the obligations as stipulated in the agreement, and the damaged public interests have been maintained, the procuratorial organ is allowed to not file a lawsuit. 民事公益诉讼中,在检察机关提起诉讼之前,检察机关在坚持客观公正立场的前提下,通过听证的方式与侵权行为人达成和解协议,侵权行为人完全履行协议约定的义务,且受损社会公共利益得到维护的,检察机关可以不提起诉讼。
[Basic Facts] 【基本案情】
In the production process, Hongbao Special Dye Ink Co., Ltd. (hereinafter referred to as “Hongbao Company”) generated waste ink barrels and other hazardous waste. According to analysis of evidence, the Company failed to prove that it has disposed of the 15 tons of hazardous waste generated between 2013 and 2015. During the period between May 2016 and February 2017, the Company sold over 520 waste ink barrels to Wan who had no business license for disposal of hazardous wastes, which violated the relevant provisions on the disposal of hazardous waste and infringed the public interests. 红宝特种染料油墨有限公司在生产过程中产生废油墨桶等危险废物。从证据分析,该公司并不能证明其2013年至2015年间产生的约15吨危险废物依法进行了处置,且2016年5月至2017年2月间,该公司将520余只废油墨桶出售给无危险废物经营许可证的万某某,违反了危险废物处置的相关规定,损害了社会公共利益。
[Investigation and Hearing] 【调查和听证】
In the handling of a criminal case regarding illegal disposal of hazardous waste, the People's Procuratorate of Wuxi City, Jiangsu Province found that Hongbao Company sold waste ink barrels, hazardous waste generated in the production process to Wan, who had no business license for disposal of hazardous waste. Such act may cause damage to the ecological environment, which infringed upon the public interests. Therefore, the People's Procuratorate of Wuxi City docketed this case for investigation. 江苏省无锡市人民检察在办理非法处置危险废物刑事案件中,发现红宝公司将其生产过程中产生的危险废物--废油墨桶出售给无危险废物经营许可证的万某某进行处理,该行为可能造成生态环境的破坏,损害了社会公共利益,遂立案调查。
The case handling team of prosecutors prepared a detailed outline for investigation according to the actual case situations and carried out investigation in an in-depth manner. First, by taking the relevant materials of the case regarding illegal disposal of hazardous waste by Wuxi Hodgen Technology Co., Ltd., it found that during the period from May 2016 to February 2017, Hongbao Company illegally disposed of over 520 waste ink barrels. Second, by taking the transfer forms of Hongbao Company for disposal of hazardous waste in recent years from Wuxi Safe Disposal of Industrial Waste Co., Ltd. and the dynamic management system of hazardous waste of Jiangsu Province, it found that the amount of hazardous waste generated by Hongbao Company was inconsistent with the amount of hazardous waste disposed of by the Company. Third, by investigating the administrative penalty of a fine of CNY100,000 on Hongbao Company given by the Ecological and Environmental Bureau of Huishan District, Wuxi City, it reaffirmed that Hongbao Company illegally disposed of 520 waste ink barrels. Fourth, by having talks with the persons of Hongbao Company responsible for disposal of hazardous waste and taking the Company's EIA reports, hazardous waste transfer forms since 2012, and ledgers of hazardous waste since 2016, it found that Hongbao Company failed to prove that it had disposed of hazardous waste generated during the period from 2013 to 2015. Finally, it entrusted experts from Jiangnan University with issuing the written expert argumentation opinions on ecological and environmental damages caused by Hongbao Company's illegal disposal of hazardous waste and determined that Hongbao Company's illegal disposal of hazardous waste caused damage to the ecological environment and the Company should assume the compensation for ecological and environmental damage of over CNY351,800. The People's Procuratorate of Wuxi City paid the argumentation opinion fee of CNY27,000. 检察官办案组根据案件实际制定了详细的调查提纲,深入细致地展开调查。一是,通过调取无锡和晶科技股份有限公司非法处置危险废物一案的相关案件材料,发现红宝公司2016年5月至2017年2月间,有520余只废油墨桶未依法处置。二是,通过调取无锡工业废物安全处置有限公司、江苏省危险废物动态管理系统红宝公司近几年来危险废物处置的转移联单,发现该公司危险废物的产生量与处置量并不一致。三是,通过调查无锡市惠山生态环境局对红宝公司罚款10万元的行政处罚情况,确定红宝公司非法处置520只废油墨桶的违法事实。四是,通过与红宝公司负责危险废物处置的责任人员谈话、调取该公司环境影响评价报告、2012年以来危险废物转移联单、2016年以来危险废物台帐等,发现红宝公司不能证明其2013至2015年间产生的危险废物依法进行了处理。最后,委托江南大学等科研院所相关专家,对红宝公司非法处置危险废物的所造成的生态环境损害出具专家论证意见书,确定红宝公司非法处置危险废物给生态环境造成损害,应承担的生态环境损害赔偿数额为35.18万余元。无锡市检察院支出论证意见费2.7万元。
With respect to Hongbao Company's illegal disposal of hazardous waste, the People's Procuratorate of Wuxi City planned to file a civil public interest lawsuit and claim that Hongbao Company should make compensation for ecological and environmental damage caused by the Company's illegal disposal of hazardous waste and extend a formal apology. In the examination of the case, Hongbao Company stated that it was willing to assume all tortious liabilities and hoped to reach settlement with the procuratorial organ. The case handling team of undertaking prosecutors agreed that as a new means, procuratorial public interest litigation still required exploration and improvement and pre-litigation settlement served the purpose of efficiently safeguarding the public interests and was beneficial to protecting the development of private enterprises and reducing their litigation burdens. In accordance with Article 24 of the Several Opinions of People's Procuratorate of Wuxi City on Regulating the Administration of Clues to Public Interest Litigation Cases, which states that “Where before filing a public interest lawsuit, the infringer files a claim for settlement with the procuratorial organ, the procuratorial organ may arrange a settlement with the tortfeaser, but it shall organize a hearing,” the case handling team decided to hold a public hearing. 对于红宝公司非法处置危险废物的行为,无锡市检察院拟提起民事公益诉讼,要求红宝公司赔偿因非法处置危险废物造成的生态环境损害,并赔礼道歉。在案件审查过程中,红宝公司表示,其愿意承担所有的侵权责任,希望能与检察机关进行和解。承办检察官办案组认为,检察公益诉讼作为一项新制度,仍需要探索完善,诉前和解符合高效维护社会公共利益的目的,有利于保护民营企业发展,减少其诉累。根据该院制定出台的《无锡市人民检察院关于规范公益诉讼案件线索管理的若干意见》第二十四条“提起民事公益诉讼前,侵权行为人向检察机关提出和解请求,检察机关可以与侵权行为人进行和解,但应当组织听证”的规定,决定进行公开听证。
The persons-in-charge of the relevant competent administrative department and experts from Jiangnan University were invited to participate in the hearing jointly with police officers from the Procuratorial Affairs Supervision Division of the People's Procuratorate of Wuxi City as third parties and the hearing was held in the hearing room of the People's Procuratorate of Wuxi City. The host first introduced the purpose and significance of the procuratorial organ's organization of this hearing, the rights and obligations of both parties, and the specific hearing procedures. Then, the undertaking procurator briefed the case, the basic information on investigation and verification, and the case facts that have been recognized by the procuratorial organ, and elaborated the grounds that Hongbao Company should bear the compensation for ecological damage. Experts from Jiangnan University stated the basis for determining the amount of compensation for ecological damages, the formation process, and some factors under overall consideration. Hongbao Company made comments on the case facts recognized by the procuratorial organ; while experts from Jiangnan University responded to the objection raised by Hongbao Company and the procuratorial organ conducted interpretation of laws and reasoning. Both parties recognized the amount of hazardous waste illegally disposed of by Hongbao Company and determined the amount of compensation for ecological and environmental damage. Hongbao Company made a final statement and the person-in-charge of the competent administrative department made comments on the hearing organized by the procuratorial organ. Finally, the host summarized the hearing, conducted legal publicity and warning education on the scene, and announced the closure of the hearing. All participants signed in the hearing transcripts. After that, the People's Procuratorate of Wuxi City signed a settlement agreement with Hongbao Company on the scene. 听证会邀请了相关行政主管部门负责人、江南大学专家和该院检务督查处干警作为第三方参与听证,在该院听证室举行。主持人首先介绍了该院组织听证的目的、意义、双方权利义务和具体的听证程序。然后,承办检察官介绍了案件的来源、调查核实等基本情况以及检察机关认定的案件事实,并阐述了红宝公司应当承担生态损害赔偿的理由,江南大学专家对生态损害赔偿数额确定的依据、形成过程以及综合考虑的一些因素等进行了说明;红宝公司就检察机关认定的案件事实发表意见;江南大学专家对红宝公司针对专家意见的异议进行回应,检察机关针对红宝公司的抗辩进行释法说理;双方对红宝公司非法处置危险废物的数量进行认定,并确定生态环境损害赔偿数额;红宝公司发表最后陈述,行政主管部门负责人针对检察机关组织的听证发表意见。最后,主持人对听证进行了总结,当场进行了法制宣传和警示教育,并宣布听证结束。所有参会人员在听证笔录上签字。随后,该院与红宝公司当场签订和解协议。
The People's Procuratorate of Wuxi City and Hongbao Company reached a settlement, Hongbao Company paid the expert argumentation opinion costs of CNY27,000 and was to specially use the compensation for ecological damage of over CNY351,800 in the restoration of ecological environment in other places. At present, the restoration project was under negotiation. 无锡市检察院与红宝公司达成和解协议,红宝公司支付专家论证意见费用2.7万元,并拟将所有生态损害赔偿费用35.18万余元专项用于生态环境的异地修复,目前修复项目正在洽谈中。
[Significance] 【典型意义】
The People's Procuratorate of Wuxi City applied the method of pre-litigation settlement and solved the problem of public interest protection, which conformed to the purpose of civil public interest litigation. As a positive exploration, the application of such method may not only conserve judicial resources, but also contribute to resolving social conflicts and promoting social harmony. However, there are various understandings on pre-litigation settlement in the procuratorial public interest litigation. The exploration to and practice of settlement should be subject to the complete and full protection of public interests. Concurrently, the legal supervision positioning of the procuratorial organ should be observed so as to prevent the replacement of judicial authority by procuratorial authority. 无锡市检察院运用诉前和解方式,解决公益保护问题,符合民事公益诉讼目的,既可以节约司法资源,又有助于化解社会矛盾,促进社会和谐,是一项积极的探索。关于检察公益诉讼的诉前和解,仍有不同认识。和解的探索实践,要以公益得到完全充分保护为前提,同时要遵循检察机关的法律监督定位,防止检察权代替审判权。
The introduction of hearing to the course of pre-litigation settlement is conducive to the openness, fairness, and impartiality of settlement. As the representative of national interests and public interests, the procuratorial organ's filing of a public interest lawsuit has no direct material interest with itself. The procuratorial organ ensured the openness, fairness, and impartiality of pre-litigation settlement, removed the doubts of the tortfeaser, and won the recognition of all parties. Before reaching a settlement agreement, through the hearing procedure, the People's Procuratorate of Wuxi City fully listened to the opinions of both the tortfeaser and other relevant interested persons and invited NPC members, CPPCC members, people's supervisors, and experts from the competent administrative departments of governments and the relevant fields, which has achieved desirable effects. 诉前和解过程中引入公开听证,有助于和解的公开公平公正。检察机关作为国家利益、社会公共利益的代表,提起公益诉讼与其没有直接的利害关系,为保证诉前和解的公开公平公正,消解侵权行为人的疑虑,赢得各方的认可。在达成和解协议之前,无锡市检察院通过听证程序充分听取侵权行为人、其他利益相关方等意见,邀请人大代表、政协委员、人民监督员、政府行政主管部门和相关领域专家参加,成效良好。
For the purpose of preventing the procuratorial organ from randomly disposing of the public interests under the settlement procedure, the People's Procuratorate of Wuxi City specified that no procuratorial organ may negotiate with the tortfeaser on the amount of compensation for damage and the amount of environmental restoration costs as determined in the identification opinions, assessment reports, or expert opinions or the standards for the calculation of the statutory compensation for damage. In addition, the settlement agreement should be published in the media to accept supervision by all sectors of society. For the purpose of preventing the tortfeaser from maliciously reaching a settlement agreement or refusing to perform the settlement agreement, the procuratorial organ specified that where, after the signing of the settlement agreement, the tortfeaser refuses to perform the settlement agreement without any justifiable reason or a citizen, legal person, or other organization raises an objection to the settlement agreement within the public announcement period and upon examination by the procuratorial organ, such objection is tenable, the procuratorial organ should file a public interest lawsuit according to law. 为了防止检察机关在和解程序中随意处分公益,无锡市检察院出台规定明确检察机关不得就鉴定意见、评估报告或专家咨询意见中确定的损害赔偿、环境修复等费用数额与侵权行为人进行协商,亦不得就法定的损害赔偿计算标准与侵权行为人进行协商,且和解协议应当在媒体上公告,接受社会各界监督。为了防止侵权人恶意和解或拒绝履行,明确规定和解协议签订后,侵权行为人无正当理由拒绝履行,或者公告期内,公民、法人或其他组织对和解协议提出异议,经检察机关审查异议成立的,检察机关应当依法提起公益诉讼。
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

[Keywords] 【关键词】
Incidental civil public interest litigation; Yangtze River basin; solid waste; compensation for ecological damage; joint tort 刑事附带民事公益诉讼 长江流域 固废 生态损害赔偿 共同侵权
[Key Points] 【要 旨】
The illegal stacking of solid waste along the Yangtze River has resulted in soil and underground water pollution along the riverbank. The procuratorial organ initiates the public interest litigation procedures according to law and investigates the environmental tort liabilities of the polluters, which has protected the people's personal and property safety and safeguarded the national interests and public interests. 长江沿岸固废违法堆放导致沿岸土壤和地下水污染,检察机关依法启动公益诉讼程序,追究污染者环境侵权责任,保护了人民群众人身财产安全,维护了国家利益和社会公共利益。
[Basic Facts] 【基本案情】
On March 29, 2018, the environmental pollution incident in the former Qianjiang Industrial Park located in Guichi District, Chizhou City, Anhui Province, was exposed by the Xinhua News Agency. The relevant leaders of the CPC Central Committee issued directives and the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Ecology and Environment all put the incident under public supervision. On April 2, the Guichi Branch of the Public Security Bureau of Chizhou City docketed it for investigation. In July of the same year, it transferred the incident to the People's Procuratorate of Guichi District, Chizhou City for examination and prosecution. 2018年3月29日,安徽省池州市贵池区原前江工业园环境污染事件被新华社曝光,中央有关领导作出批示,最高检、公安部、生态环境部均挂牌督办。4月2日,池州市公安局贵池分局对该污染事件立案侦查,同年7月移送池州市贵池区人民检察院审查起诉。
Upon examination, the procuratorial organ found that: Since 2016, a logistics park company in the former Qianjiang Industrial Park located in Guichi District, Chizhou City provided several companies with sites for stacking cement raw materials (which were industrial solid waste from three companies in Shanghai Municipality, Jiangsu Province, and Chizhou City) where no measures, including ground hardening, leakage prevention, and soil erosion prevention, were taken. As appraised by the Nanjing Institute of Environmental Sciences under the Ministry of Ecology and Environment, this batch of cement raw materials weighed over 24,000 tons and they were toxic and harmful exploitable solid waste. Since none of the aforesaid three measures was taken, the soil and underground water have been seriously polluted, resulting in the losses of public and private properties of CNY16.140941 million, including emergency disposal costs, fees for pollution treatment technical services, and eco-environmental restoration costs in the amount of CNY 16.13923 million. The five defendant entities, including the logistics park company, and six defendants, including Liu, were suspected of committing a crime of environmental pollution. 检察机关经审查查明:2016年以来,位于池州市贵池区原前江工业园区内的安徽某物流园公司,在未采取地面硬化、防渗漏、防流失等措施的情况下,为多家公司提供水泥原料堆放场地(该水泥原料来自于上海、江苏、池州三家公司的工业固废)。后经生态环境部南京环境科学研究所鉴定,该批水泥原料总量达2.4万吨,属含有毒有害的可利用固体废物,因未采取“三防”措施已严重污染土壤和地下水,造成包括应急处置费用、污染处理技术服务费等公私财产损失共计1614.0941万元,生态环境恢复费用约1613.923万元。安徽某物流园公司等5家被告单位、刘某某等6名被告人涉嫌构成污染环境罪。
[Investigation and Litigation] 【调查和诉讼】
At the stage of case investigation, the procuratorial organ intervened in advance, consulted evidentiary materials, and guided the public security organ in investigation and evidence-taking mainly on whether the enterprises committed any violation of laws and regulations in the process of disposing of solid waste and whether they performed the obligation of prudent attention. 案件侦查阶段,检察机关提前介入,查阅证据材料,并指导公安机关重点围绕企业在处置固体废物过程中是否存在违法违规情形、是否尽到审慎注意义务等方面调查取证。
It was found upon examination that Liu and other five natural persons stacked toxic and harmful cement raw materials in the site of the logistics park company at the bank of the Yangtze River, which caused serious pollution of the eco-environment of the Yangtze River and injured the national interests and public interests. The six entities and three natural persons involved should assume the joint tort liability. 经查,刘某某等6名自然人将有毒有害水泥原料堆放在位于长江边的安徽某物流园公司场地,对长江生态环境造成了严重污染,损害了国家和社会公共利益。涉案的6家单位和3名自然人应承担共同侵权责任。
The People's Procuratorate of Guichi District, Chizhou City prepared the Bill of Prosecution and the Bill of Incidental Civil Public Interest Litigation and filed a lawsuit with the People's Court of Guichi District, Chizhou City in September 2018. The procuratorial organ charged the five defendant entities and six defendants with the crime of environmental pollution, and requested the Court to order that the six entities and three natural-person defendants to assume joint and several compensation liability for the emergency disposal costs, the fees for pollution treatment technical services, and the eco-environmental restoration costs, totaling over CNY32.28 million, incurred by environmental pollution caused by the illegal stacking of solid waste, and extend a formal apology to the public on the provincial news media in Anhui Province. 池州市贵池区人民检察院分别制作《起诉书》《刑事附带民事公益诉讼起诉书》,于2018年9月诉至池州市贵池区人民法院。检察机关指控5家被告单位、6名被告人构成污染环境罪,同时以公益诉讼起诉人身份请求法院判令6家单位、3名被告自然人就非法堆置固废造成环境污染所产生的应急处置费用、污染处理技术服务费、生态环境恢复费用等共计3228万余元,分别承担连带赔偿责任,并在安徽省省级新闻媒体上向社会公开赔礼道歉。
After the public trial, on December 29, 2018, the People's Court of Guichi District, Chizhou City entered a judgment of the first instance that the defendant entities should be separately given a fine ranging from CNY200,000 to 1 million and the natural-person defendants be separately sentenced to a fixed-term imprisonment of one year and three months up to four years for the crime of environmental pollution, and uphold all public interest claims raised by the procuratorial organ. Some defendants refused to accept the judgment and appealed to the Intermediate People's Court of Chizhou City, Anhui Province. Upon mediation, after the public interest claims raised by the procuratorial organ were satisfied, the Intermediate People's Court of Chizhou City partially amended the penal sentence and affirmed the part for incidental civil public interest litigation. 池州市贵池区人民法院经公开审理,于2018年12月29日作出一审判决:以污染环境罪判处被告单位20万至100万不等的罚金,判处被告自然人1年3个月至4年不等的有期徒刑,对检察机关提出的公益诉讼请求全部予以支持。部分被告不服,向安徽省池州市中级人民法院提出上诉,经调解,在满足检察机关公益诉讼请求后,该院遂对刑事部分作出部分改判,对刑事附带民事公益诉讼维持原判。
After the judgment took effect, some compensation has been paid and the remainder has been under enforcement. The local procuratorial organ would continue the follow-up supervision. 判决生效后,部分赔偿款已执行到位,其余部分正在执行过程中,当地检察机关将持续跟进监督。
[Significance] 【典型意义】
The incidental civil public interest litigation is of positive significance in improving the case handling efficiency and conserving judicial resources. In this case, the procuratorial organ adhered to “dual investigations for one case,” stepped in at the early stage and listed the investigation outline for evidence requiring supplementary obtainment in the public interest litigation. Based thereon, the public security organ conducted a supplementary obtainment of the relevant evidence of the enterprises involved, which has effectively promoted the handling of the case. However, we should not intentionally pursue the form of incidental civil public interest litigation, but take into account of the needs of safeguarding the public interests as the starting point. 刑事附带民事公益诉讼对于提高办案效率、节约司法资源有积极意义。本案中,检察机关坚持“一案双查”,提前介入,对公益诉讼中需要补充调取的证据列出调查提纲,公安机关据此补充调取了涉案企业的有关证据,有力地促进了案件的办理。但是,我们不应刻意追求刑事附带民事公益诉讼的形式,要以保护公益的需要作为出发点进行考量。
In addition, the procuratorial organ in this case proposed that the joint tortious liabilities of multiple enterprises at fault for causing the pollution should be determined and the compensation for ecological damage was over CNY30 million. Such proposal was upheld by the people's court, which has effectively safeguarded the national interests and public interests. 另外,本案中检察机关提出应认定对造成污染存在过错的多家企业的共同侵权责任,提出数额达3000余万元的生态损害赔偿金并得到了法院的认可,有力地保护了国家和社会公共利益。
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

[Keywords] 【关键词】
Procuratorial public interest litigation; compensation for eco-environmental damage; connection of the procuratorial organ and the administrative organ 检察公益诉讼 生态环境损害赔偿 两者衔接
[Key Points] 【要 旨】
Where the procuratorial organ finds that the public interests in the ecological environment field are seriously infringed, it should, as a general rule, urge the administrative organ or a public interest organization to first claim compensation or file a public interest lawsuit and the procuratorial organ should give support and voluntarily conduct the connection work. 检察机关发现生态环境领域公益受到严重损害的情形,一般应督促行政机关或公益组织先行主张赔偿或提起公益诉讼,检察机关要依法给予支持、主动做好衔接。
[Basic Facts] 【基本案情】
From 2013, Binjiang Sewage Treatment Co., Ltd. in Taixing City, Jiangsu Province rented the vacant land of Taixing Building Materials No. 3 Plant on the bank of the Yangtze River located in Touyu Village, Binjiang Township, Taixing City to build temporary storage pools for stacking biochemical sludge generated in the sewage treatment. Due to the large volume, long-term treatment, and unknown ingredients, such biochemical sludge caused huge potential hazards to the surroundings. In July 2016, the Environmental Protection Supervision Committee under the Central Committee of the CPC transferred the case clues to the local authority for rectifications as a key case. On August 16, 2016, the People's Government of Taizhou City submitted a report, according to which the sludge sites have been out of use, the standardized treatment of sludge would be initiated before the end of November, and the treatment would be complete in two years. In June 2018, the Fourth Environmental Protection Supervision Committee under the Central Committee of the CPC made a secret visit and found that the Company continued the illegal dumping of over 10,000 tons of sludge, resulting in more sludge increasing from 23,000 tons to 40,000 tons. After the incident was exposed, the People's Government of Taixing City conducted emergency disposal of the dumped sludge. On June 29, 2018, the Jiangsu Provincial Academy of Environmental Science identified the hazardous characteristics of the sludge. It was determined that the sludge temporarily stored in No. 1 and 2 pools was general solid waste and that in No. 3 pool was hazardous waste with toxicity and the toxicants included nickel and cobalt. 自2013年起,江苏省泰兴市滨江污水处理有限公司租赁泰兴市建筑材料三厂位于泰兴市滨江镇头圩村的江边空地修建暂存池,堆存污水处理产生的生化污泥。由于堆存污泥数量大、周期长、成分不明,对周边环境产生巨大隐患。2016年7月,中央环保督察组将此案件线索作为重点案件转地方整改。2016年8月16日,泰州市提交报告表示,已停止污泥堆场的使用,11月底前启动污泥的规范化处置,力争在两年内处置完毕。2018年6月,中央第四环保督察组暗访发现,该公司继续非法倾倒污泥1万多吨,致使污泥堆放量从2.3万吨增加到约4万吨。问题曝光后,泰兴市政府对倾倒的污泥进行应急处置。2018年6月29日,江苏省环境科学研究院对污泥危险特性进行鉴别。认定暂存污泥中的1号池、2号池为一般固体废物,3号池为危险废物,具有毒性危险特性,毒性物质为镍和钴。
[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情况】
On June 12, 2018, the procuratorial organs in Taizhou City and Taixing City jointly dispatched personnel to investigate the crime scene. On June 26, jointly with the Environmental Protection Bureau of Taixing City and the Binjiang Development Zone of Taixing City, the People's Procuratorate of Taixing City conducted another field investigation of the crime scene, checked the sludge stacked in the temporary sludge storage warehouse located in the southern plant of Ningxing Machinery Co., Ltd., and urged the relevant entities to rapidly conduct the emergency disposal. Considering the emergency of compensation for eco-environmental damage in the case, in September 2018, the People's Procuratorate of Taizhou City reported to the Party Committee of Taizhou City in written form, put forward a feasible proposal, served the People's Government of Taixing City with a procuratorial proposal, and proposed that the People's Government of Taixing City identify the polluter as soon as possible and initiate the procedure of compensation for eco-environmental damage. Major leaders of the Party Committee of Taizhou City attached great importance to it and immediately decided that the procuratorial organ should urge and guide the People's Government of Taixing City in the relevant consultation matters. The people's governments of Taizhou City and Taixing City fully comprehended and recognized the procuratorial proposal and positively initiated the procedure of compensation for eco-environmental damage. Under the whole-process support of the procuratorial organ, the People's Government and the relevant responsible entities reached an agreement on the compensation of CNY 21 million for eco-environmental restoration and Binjiang Sewage Treatment Co., Ltd. was required to legally restore the polluted soil as soon as possible. On April 19, 2019, upon pre-treatment of sludge, disposal of sludge, evaluation of dredging effects, and field investigation upon dredging, the area for temporary storage of sludge in the riverbank of the Yangtze River in Taixing City has been rectified and restored and the costs for disposal and restoration amounted to over CNY 130 million, which has been paid by Binjiang Sewage Treatment Co., Ltd. in full amount. 2018年6月12日,泰州、泰兴两级检察机关联合派员实地查看案件现场。6月26日,泰州市检察院联合泰兴市环保局、泰兴市滨江开发区再次实地察看案件现场,并至宁兴机械有限公司南厂区污泥暂存库查看了污泥堆放情况,督促相关单位迅速做好应急处置工作。考虑到该案生态损害赔偿的紧迫性,2018年9月,泰州市检察院向泰州市委书面汇报了相关情况并提出可行性建议,向泰兴市政府送达检察建议,建议其尽快查明污染责任主体、启动生态环境损害赔偿程序。泰州市委主要领导高度重视,当即决定由检察机关督促指导泰兴市政府开展相关磋商事宜。泰州市、泰兴市两级政府对检察建议充分理解和认可,积极启动生态环境损害赔偿程序。在检察机关全程支持配合下,泰兴市政府与相关责任主体达成先行赔偿2100万元的生态环境修复协议,同时要求滨江污水处理有限公司尽快依法修复被污染的土壤。2019年4月19日,经过污泥预处理、污泥处置、清挖效果评估、清挖后场地调查,泰兴市长江边污泥暂存区已全部整改修复到位,处置修复费用达1.3亿余元,由滨江污水处理有限公司全额支付。
[Significance] 【典型意义】
Both the system of compensation for eco-environmental damage and procuratorial public interest litigation are important institutional mechanisms in the ecological civilization construction. The constitutional position of the state legal supervision organ determines the remedial and miscellaneous functions of a procuratorial organ in the protection of public interests. When confronted with damaged public interests, the procuratorial organ should first urge such eligible entities as administrative organs or public interest organizations to first perform their duties. In this case, the People's Procuratorates of Taizhou City and Taixing City solicited support from the Party committees, performed the procuratorial public interest litigation duties, urged the People's Government of Taixing City to perform the statutory duties, effectively connected the procuratorial public interest litigation procedure and the eco-environmental damage compensation procedure. The aforesaid procuratorial organs eventually advanced the People's Government of Taixing City to reach an eco-environmental restoration agreement with the relevant responsible entities, the polluted soil was restored in a legal and standardized manner, and the public interests have been actually protected. In terms of scale and efficiency, this is a representative case where the procuratorial organ and the administrative organ jointly safeguarded the public interests and the public interest litigation system and the ecological damage compensation system were connected. 生态环境损害赔偿制度、检察公益诉讼都是生态文明建设的重要制度机制。国家法律监督机关的宪法定位,决定了检察机关在保护公益方面的弥补性和兜底性。面对公益受到损害,检察机关首先需要督促行政机关、公益组织等适格主体先行履职。本案中泰州市、泰兴市两级检察院主动争取党委支持、依法履行检察公益诉讼职责,督促泰兴市政府依法履行法定职责,有效衔接检察公益诉讼与生态环境损害赔偿程序,最终促成泰兴市政府与相关责任主体达成生态环境修复协议,被污染的土壤得以依法规范修复,公益得到真正保护。本案无论是规模,还是成效,都是检察机关与行政机关、公益诉讼与生态损害赔偿制度相衔接、共护公益的一个代表性案件。
Model Cases in the Ad Hoc Supervision Activities of Public Interest Litigation for “Ensuring the Safety of Every Bite of Food for Thousands of Households” “保障千家万户舌尖上的安全”公益诉讼专项监督活动典型案例
(9 Cases) (9件)
Cases regarding Procedures before Administrative Public Interest Litigation 行政公益诉讼诉前程序案例
1. An administrative public interest litigation case regarding “spicy gluten” and other “50-cent foods” around campuses in Suzhou District, Jiuquan City, Gansu Province 1.甘肃省酒泉市肃州区校园周边“辣条”等“五毛食品”行政公益诉讼案
2. An administrative public interest litigation case regarding false publicity of health care products in Jiangshan City, Zhejiang Province 2.浙江省江山市保健品虚假宣传行政公益诉讼案
3. An administrative public interest litigation case regarding protection of drinking water sources in Ziyun County, Guizhou Province 3.贵州省紫云县饮用水水源地保护行政公益诉讼案
4. An administrative public interest litigation case regarding safety of secondary water supply in Jiguan District, Jixi City, Heilongjiang Province 4.黑龙江省鸡西市鸡冠区城市二次供水安全行政公益诉讼案
5. An administrative public interest litigation case regarding “agritainment” food safety in Huocheng County, Xinjiang Uygur Autonomous Region 5.新疆维吾尔自治区霍城县农家乐餐饮安全行政公益诉讼案
6. An administrative public interest litigation case regarding regulation of farm produce markets in Yuhang District, Hangzhou City, Zhejiang Province 6.浙江省杭州市余杭区农贸市场整治行政公益诉讼案
Administrative Public Interest Litigation Case 行政公益诉讼案例
7. People's Procuratorate of Bincheng District, Binzhou City, Shandong Province v. Food and Drug Administration of Bincheng District (An administrative public interest litigation case regarding failure to legally perform duties) 7.山东省滨州市滨城区人民检察院诉滨城区食品药品监督管理局不依法履职行政公益诉讼案
Civil Public Interest Litigation Case 民事公益诉讼案例
8. People's Procuratorate of Haikou City, Hainan Province v. Longqiao Branch of Haikou Linxiong Materials Industry and Trade Co., Ltd., et al. (A civil public interest litigation case regarding production and sale of sub-quality packaged drinking water) 8.海南省海口市人民检察院诉海口琳雄物资工贸有限公司龙桥分公司等生产销售不合格包装饮用水民事公益诉讼案
Incidental Civil Public Interest Litigation Case 刑事附带民事公益诉讼案例
9. People's Procuratorate of Huangpu District, Guangzhou City, Guangdong Province v. Guangzhou Shunwangke Company (An incidental civil public interest litigation case regarding production and sale of food not conforming to the safety standards) 9.广东省广州市黄埔区人民检察院诉广州顺旺客公司生产、销售不符合安全标准食品刑事附带民事公益诉讼案
1. An administrative public interest litigation case regarding “spicy gluten” and other “50-cent foods” around campuses in Suzhou District, Jiuquan City, Gansu Province 

1.甘肃省酒泉市肃州区校园周边“辣条”等“五毛食品”行政公益诉讼案

[Keywords] 【关键词】
Procedures before administrative public interest litigation; food safety around campuses; hotspot issues concerning people's livelihood exposed at the “3.15 Gala” 行政公益诉讼诉前程序 校园周边食品安全 “3·15”晚会曝光民生热点
[Key Points] 【要 旨】
With respect to food safety around campuses, the procuratorial organ should positively respond to the public concerns, spare no effort to eliminate potential dangers to food safety around campuses by urging the relevant administrative organs to legally perform the regulatory duties, and create a good environment for the healthy growth of teenagers. 针对校园周边食品安全问题,检察机关积极回应民生关切,通过督促相关行政机关依法履行监管职责,着力消除校园周边食品安全隐患,为青少年健康成长营造良好环境。
[Basic Facts] 【基本案情】
In the ad hoc campaign of “ensuring the safety of every bite of food for thousands of households” carried out by the People's Procuratorate of Suzhou District, Jiuquan City, it found that with respect to “spicy gluten” and other “50-cent foods” as exposed at the CCTV's “3.15 Gala” in 2019, the Market Regulation Bureau of Gansu Province issued a decision on strengthening the food safety around campuses. On March 18, 2019, the Market Regulation Bureau of Jiuquan City and the Education Bureau of Jiuquan City jointly issued an announcement, in which the sale of “spicy gluten” on campuses and surroundings of 200 m in Jiuquan City was explicitly banned. However, some small supermarkets, stationary stores, and grocery stores in the vicinity of Xinyuan School, Dongguan First Elementary School, Elementary School Affiliated to Jiuquan Normal School, Beiguan Elementary School, Kangsheng Elementary School, and other elementary and middle schools were still selling “spicy gluten” and other “50-cent foods.” 酒泉市肃州区人民检察院在开展“保障千家万户舌尖上的安全”专项活动中发现,针对2019年央视“3·15”晚会曝光的“辣条”等“五毛食品”问题,甘肃省市场监督管理局发布了关于加强校园周边食品安全的决定,2019年3月18日酒泉市市场监管局和市教育局联合发布了公告,明确禁止在全市所有校园及周边200米范围内销售“辣条”,但在新苑学校、东关一校、酒泉师范附属小学、北关小学、康盛小学等中小学附近的部分小超市、文具店、杂货店仍在销售“辣条”等“五毛食品”。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
The People's Procuratorate of Suzhou District found upon investigation that, notwithstanding the fact that the sale of “spicy gluten” and other “50-cent foods” was explicitly banned, the small supermarkets, stationary stores, and grocery stores on campuses and in the surroundings within its jurisdiction still sold “spicy gluten” with quality safety problems to primary and secondary school students and some “50-cent foods” had such problems as absence of production date, expiration of the shelf life, absence of shelf life, and suspected forging of production license numbers. Upon investigation and verification, the People's Procuratorate of Suzhou District held that the Market Regulation Bureau of Suzhou District and the Education Bureau of Suzhou District failed to perform their duties, resulting in failure to effectively contain the sale of “spicy gluten” not conforming to the safety standards on some campuses and in the surroundings, in harm of teenagers' physical and psychological health, and infringement of the public interests. 肃州区检察院调查发现,辖区内学校周边小超市、文具店、杂货店在有关部门明令禁止的情况下,仍在向中小学生销售存在质量安全问题的“辣条”食品,部分“五毛食品”存在无生产日期、超保质期、无保质期以及涉嫌伪造生产许可证号等问题。经调查核实,肃州区检察院认为肃州区市场监督管理局、肃州区教育局未依法履行职责,致使部分校园周边销售不符合安全标准“辣条”食品的行为未得到有效遏制,危害青少年身心健康,侵害了社会公共利益。
On April 23, 2019, the People's Procuratorate of Suzhou District issued a procuratorial proposal to the Market Regulation Bureau of Suzhou District and proposed that the latter perform the regulatory duties for food safety on campuses and in the surroundings of 200 m within its jurisdiction in strict accordance with the relevant laws and regulations. Upon receipt of the procuratorial proposal, the Market Regulation Bureau of Suzhou District held an ad hoc meeting for analysis and research, organized and carried out an ad hoc rectification campaign for a period of one month, dispatched 937 law enforcement officers, investigated and rectified 562 food trading entities on campuses and in the surroundings and 13 wholesale food markets and rural markets according to the requirements of “gridding, tracing, full coverage, and absence of dead zones,” and removed 40 kg of defective “spicy gluten” from the shelves. By so doing, it effectively inspected and banned the sale of “spicy gluten” on campuses and in the surroundings of 200 m. 2019年4月23日,肃州区检察院向区市场监督管理局发出检察建议,建议其严格依照相关法律规定,对辖区学校及周边200米内食品安全依法履行监管职责。收到检察建议后,区市场监管局召开专题会议进行分析研究,组织开展了为期一个月的专项整治行动,出动执法人员937人次,按照“网格化、痕迹化、全覆盖、无死角”的要求,排查整治校园周边各类食品经营单位562户次,排查整治食品批发市场及农村集贸市场13次,清理下架问题“辣条”40公斤,有效清查和取缔了校园及周边200米内销售“辣条”的行为。
At the same time, the People's Procuratorate of Suzhou District issued a procuratorial proposal of social governance to the Education Bureau of Suzhou District and proposed that the latter cooperate with the market regulation department in strengthening the administration of food safety on campuses and in the surroundings, implementing a campus food safety accountability system, intensifying the administration, education, and guidance of students, and improving the relevant management systems. Upon receipt of the procuratorial proposal, the Education Bureau of Suzhou District conducted a comprehensive investigation and rectification of the elementary and middle schools and kindergartens; investigated the small supermarkets, itinerant vendors, and illegal food booths on campuses and in the surroundings jointly with the departments of public security and market regulation; prohibited the sale of spicy food, puffed food, and junk food on campuses and in the surroundings, and put an end to the booths set up by unlicensed itinerant vendors; pasted announcements on campuses and in the surroundings, guided students in not buying and taking “spicy gluten,” and intensified the nutrition and health education of teachers, students, and children. 同时,肃州区检察院向区教育局发出社会治理类检察建议,建议其配合市场监管部门加强对校园及周边食品安全管理,落实校园食品安全责任,加强对学生的管理教育与引导,健全完善相关管理制度。区教育局收到检察建议后,对全区中小学幼儿园开展全面排查整治;联合公安、市场监管部门对校内外小商店、流动摊贩、违规饮食摊点进行排查,严禁校园周边销售麻辣食品、膨化食品以及垃圾食品,杜绝无证经营流动商贩在校园周边设摊;并在校园及周边张贴公告,引导学生不购买食用“辣条”食品,强化对师生、幼儿的营养健康教育。
[Significance] 【典型意义】
Ensuring food safety on campuses and in the surroundings concerns the health and safety of teenagers. “Spicy gluten” is an instant food with high oil, salt, and additives. Long-term consumption of “spicy gluten” may cause kidney problems, high blood pressure, and obesity, etc. The People's Procuratorate of Suzhou District voluntarily performed its duties and responded to the public concerns and expectations. Under the circumstances where some merchants on campuses and in the surroundings turned a deaf ear to the announcement issued by the administrative regulatory department and the grassroots regulatory department failed to perform its regulatory duties, it issued a procuratorial proposal in a timely manner and urged the administrative law enforcement department to fully perform its duties. The People's Procuratorate of Suzhou District issued a procuratorial proposal of social governance to the competent education department, urged the competent education department to improve the relevant administration system, and maximized the joint forces of the procuratorial organ and the administrative organ so as to effectively rectify the food safety problem on campuses and in the surroundings. 确保校园及周边食品安全,事关青少年健康安全。“辣条”是高油、高盐、高添加的即食方便食品,长期食用会引发肾脏、高血压、肥胖等健康问题。肃州区检察院主动履职回应民生关注和期盼,针对校园周边部分商家对行政监管部门公告置若罔闻、我行我素,基层监管部门监管职责缺失等问题,及时发出检察建议,督促行政执法部门依法全面履职。向教育主管部门发出社会治理类检察建议,督促完善相关管理制度,发挥检察机关与行政机关合力,有效整治校园周边食品安全问题。
2. An administrative public interest litigation case regarding false publicity of health care products in Jiangshan City, Zhejiang Province 

2.浙江省江山市保健品虚假宣传行政公益诉讼案

[Keywords] 【关键词】
Procedures before administrative public interest litigation; health care products; false publicity 行政公益诉讼诉前程序 保健品 虚假宣传
[Key Points] 【要 旨】
As a typical representation of the chaotic market of healthcare products, false publicity seriously misleads consumers and infringes upon the health safety and economic benefits of the common people, especially the elderly and patients. By issuing a procuratorial proposal, the procuratorial organ urges the administrative organ with regulatory duties to perform its duties according to the law and advance the rectification of the chaos in the field of healthcare products. 虚假宣传是保健品市场乱象中的一种典型表现形式,严重误导消费者,损害人民群众特别是老年人、病人的健康安全和经济利益。检察机关通过检察建议,督促负有监督管理职责的行政机关依法履职,推动保健品领域乱象整治。
[Basic Facts] 【基本案情】
At the beginning of 2019, Yijiantang, Miao's Yangshengtang, Hengnian Healthcare Products Firm, and other illegal merchants in Jiangshan City sold “high potential energy healthcare instruments,” “Kanghui Weigu capsules,” “massage stools,” goat milk powder, and other healthcare products at high prices by means of hanging billboards, word of mouth, and organizing the elderly to participate in marketing events, and holding customer appreciation meetings. Concurrently, they used such terms of disease treatment as “therapies to high blood pressure and diabetes and drugs for anti-tumor and cancer” as in violation of regulations to exaggerate the product functions, fabricate the use effects, and mislead or bamboozle consumers by making false publicity. The market regulation department failed to effectively investigate and punish such merchants, which has infringed upon the public interests. 2019年初,江山市益健堂、苗家养生堂、恒念保健品商行等不法商户通过悬挂广告牌、口头推销、组织老人会销、举办顾客答谢会等方式,高价兜售“高电位能置养生仪”“康汇牌维固胶囊”“按摩凳”和羊奶粉等保健产品,同时违规使用“治疗高血压、糖尿病、抗肿瘤癌症”等疾病治疗用语,夸大产品功能、虚构使用效果,虚假宣传误导和欺骗消费者,市场监管部门未能有效查处,损害社会公共利益。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
At the beginning of 2019, the People's Procuratorate of Jiangshan City received tip-offs from the public about the chaotic market of healthcare products, and found by searching on the “Grid + Procuratorate” platform and from the center of tip-offs on damage to public interests and illegal litigations that there were over 50 clues to such tip-offs in the “Four Platforms for Grassroots Governance” and the 12345 Government Service Hotline. The People's Procuratorate of Jiangshan City immediately arranged an ad hoc campaign and conducted a thorough search of the violations of law in the market of healthcare products in Jiangshan City. Due to such features as concealed and deceptive means and strong anti-investigation capabilities of illegal merchants in the field of healthcare products, the People's Procuratorate of Jiangshan City took such measures as online inquiries and site investigation, interviews and thorough searches, talks, and technical means and obtained material evidence on the promotion of healthcare products at high prices to the elderly by Yijiantang, Miao's Yangshengtang, Hengnian Healthcare Products Firm, and other illegal merchants in Jiangshan City by adopting false advertising and exaggeration of efficacy. 2019年初,江山市人民检察院接到群众对保健品市场乱象的举报投诉,并通过“网格+检察”和公益损害与诉讼违法举报中心检索发现“基层治理四平台”、12345政府服务热线上此类举报投诉线索达50余条。立即部署专项行动,对本市范围内的保健品市场违法问题进行摸排。针对保健品销售领域不法商家作案手段隐蔽、欺骗性强、反调查能力强等特点,采取网上查询与现场调查、走访摸排、谈话了解与技术手段等多种方式,获取了江山市益健堂、苗家养生堂、恒念保健品商行等不法商家以虚假广告、夸大功效等方式向老年人高价推销保健品的重要证据。
On February 2, 2019, the People's Procuratorate of Jiangshan City issued a procuratorial proposal to the Market Regulation Bureau of Jiangshan City and urged the latter to enhance law enforcement and case-handling, investigate and punish Yijiantang, Miao's Yangshengtang, and Hengnian Healthcare Products Firm in Jiangshan City for their illegal acts of false publicity of healthcare products, and transfer such merchants that were suspected of a crime to the public security organ in a timely manner. Upon receipt of the procuratorial proposal, the Market Regulation Bureau of Jiangshan City attached great importance to it, immediately organized law enforcement personnel to conduct key inspections on the entities engaging in illegal operations and punish them according to law. Yijiantang and Hengnian Healthcare Products Firm were transferred to the public security organ for punishment since they were suspected of committing a crime and Yutou Store of Miao's Yangshengtang has been closed down and its business license has been revoked. At the same time, it successively dispatched more than 1,300 law enforcement personnel, inspected over 960 business sites, and focused their eyes on the inspection of more than 160 stores, marketing event venues, and sales locations related to healthcare products. It docketed 20 cases and concluded six administrative cases, with fines of CNY542,000 in total. Jointly with the public security organs and villages and towns (sub-districts), it investigated and closed down five dens involved in the pyramid sale of healthcare products, transferred four cases to the public security organ, and sentenced seven persons to criminal detention, which has effectively rectified the chaotic market of healthcare products in Jiangshan City. 2019年2月2日,江山市检察院向江山市市场监督管理局发出检察建议,督促该局加大执法办案力度,依法对江山市益健堂、苗家养生堂、恒念保健品商行保健品虚假宣传等违法行为进行查处,对涉嫌犯罪的及时移送公安机关。收到检察建议后,市场监管局高度重视,立即组织执法人员对违法经营单位进行重点检查并依法查处,益健堂、恒念保健品商行因涉嫌构成刑事犯罪移送公安机关处理,苗家养生堂淤头店已停业并注销营业执照。同时先后出动执法人员1300余人次,检查各类经营场所960余个,对其中160余家保健品相关门店、会销场所、销售场所进行了重点检查。共立案20件,办结行政案件6件,罚没款54.2万元,联合公安、乡镇(街道)等查处关停涉及保健品传销的黑窝点5个,移送公安机关立案4件,刑拘7人,有效整治了江山市的保健品市场乱象。
[Significance] 【典型意义】
In recent years, the chaotic market of healthcare products has become increasingly prominent. “Bamboozle and entrap the elderly” and “bamboozle and entrap patients” happen every now and then, which has infringed upon consumers' health safety and economic rights and interests. In this case, the procuratorial organ has insisted on a people-centered approach, made arrangements for carrying out an ad hoc supervision campaign on rectifying the chaotic market of healthcare products, started with the procuratorial proposal issued before public interest litigation, took advantage of the clue identification mechanism of “Grid + Procuratorate,” expanded the research channels for clue identification, taken the initiative to strengthen subsequent follow-up and supervision, given support to the market regulation department in conducting a comprehensive investigation, amplified the achievements, and actually realized the good effect of win-win. 近年来,保健品市场乱象突出,“骗老坑老”“骗病坑病”等时有发生,侵害消费者健康安全和经济权益。检察机关坚持以人民为中心,部署开展整治保健品市场乱象专项监督行动,以公益诉讼诉前检察建议为切入点,发挥“网格+检察”线索发现机制,拓宽线索发现研判渠道,并主动加强后续跟踪监督,支持市场监管部门全面排查,扩大战果,真正实现了双赢多赢共赢的良好成效。
3. An administrative public interest litigation case regarding protection of drinking water sources in Ziyun County, Guizhou Province 

3.贵州省紫云县饮用水水源地保护行政公益诉讼案

[Keywords] 【关键词】
Procedures before administrative public interest litigation; protection of drinking water sources; under public supervision 行政公益诉讼诉前程序 饮用水水源地保护 挂牌督办
[Key Points] 【要 旨】
The setting of a livestock ranch in the protection zone of drinking water resources has caused potential hazard to the safety of drinking water for the general public. The procuratorial organ urges the administrative organ to legally perform its duties by issuing a pre-litigation procuratorial proposal and advances the solution of environmental pollution in water sources, which has guaranteed the safety of drinking water for the general public and safeguarded the public interests. 在饮用水水源地保护区内设立养殖场,对人民群众的饮水安全造成隐患。检察机关通过诉前检察建议督促行政机关依法履职,推动解决水源地的环境污染问题,保障了广大群众饮水安全,维护了社会公共利益。
[Basic Facts] 【基本案情】
The Muzhulong Drinking Water Source in Ziyun County was approved and delimited by the People's Government of Guizhou Province as the primary and secondary protection zone for drinking water source in 2012. In April 2014, the Environmental Protection Bureau of Ziyun County approved the EIA permit in violation of regulations. Ziyun Tianran Deer Development Co., Ltd. established fences in this primary protection zone for water source and raised about 300 spotted deer. Upon simple precipitation in the digestion tank, the faeces and urine generated were discharged, causing pollution of the water source. At the end of May 2018, the task force supervision team for the environmental protection of centralized drinking water sources across the country under the Ministry of Ecology and Environment discerned this environmental violation and exposed it in the fifth list of environmental violations. 紫云县母猪笼饮用水水源地于2012年经贵州省人民政府批准并划定了饮用水源一、二级保护区。2014年4月,紫云县环保局违规审批环评许可,紫云县天然鹿业开发有限公司在该水源地一级保护区内建立围栏养殖梅花鹿约300只,产生的粪便和尿液等经化粪池简单沉淀后排放,对水源地造成污染。2018年5月底,生态环境部全国集中式饮用水源地环境保护专项督查组发现该环境违法问题,并列入第五批环境违法问题清单曝光。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
In June 2018, the People's Procuratorate of Ziyun County found upon investigation that on April 21, 2014, the Environmental Protection Bureau of Ziyun County made a decision to approve the site selection and construction in the Registration Form for the Environmental Impacts of a Construction Project submitted by Ziyun Tianran Deer Development Co., Ltd., as in violation of regulations, though it evidently knew that Muzhulong was a centralized drinking water source, and such act was an illegal exercise of functions and powers. Concurrently, since 2014, under the circumstance where the Muzhulong Water Source never stopped water supply to residents, there was a deer ranch in the primary protection zone and there were a vitrified brick plant, a cement brick plant, two timber processing plants, and an explosive warehouse in the secondary protection zone. The aforesaid enterprises had sewage discharge outlets in the protection zones but they failed to make rectifications or relocate in accordance with the Water Pollution and Control Law. The Environmental Protection Bureau of Ziyun County failed to take effective measures and regulate the aforesaid illegal acts and was negligent in the performance of its duties, which seriously endangered the safety of drinking water of the general public. 2018年6月,紫云县人民检察院调查发现,2014年4月21日,紫云县环保局明知母猪笼系集中式饮用水水源地,对紫云县天然鹿业开发有限公司报批的《建设项目环境影响登记表》违规作出审批同意选址和建设的决定,违法行使职权。同时,自2014年以来,在母猪笼水源地一直未停止对居民供水的情况下,一级保护区内有1家梅花鹿养殖场,二级保护区内有1家烧结砖厂、1家水泥砖厂、2家木材加工厂和1个炸药仓库点位,上述企业在保护区内均有排污口,未按照《水污染防治法聊五分钱的天吗》的规定进行整治和搬迁。紫云县环保局未依法采取有效措施对上述违法行为实施监督管理,怠于履行职责,对群众饮水安全造成重大安全隐患。
On July 27, 2018, the Supreme People's Procuratorate put this case under public supervision. On August 24, 2018, the People's Procuratorate of Ziyun County issued a procuratorial proposal to the Environmental Protection Bureau. Under the guidance and supervision of the Supreme People's Procuratorate and the People's Procuratorate of Guizhou Province, the procuratorial organs in Anshun City and Ziyun County communicated with the Party Committee, the People's Government, and the Environmental Protection Bureau of Ziyun County multiple times and urged and supervised the implementation of the procuratorial proposal. The People's Government of Ziyun County urged the Environmental Protection Bureau to request instructions from the People's Government of Guizhou Province level by level according to the actual water supply circumstances of the existing water source and applied for replacing the Muzhulong water source, because it could not satisfy the water supply demands in the urban area of Ziyun County, with the Huangjiawan Water Source, which was newly approved in June 2018. At the same time, the Water Affairs Bureau of Ziyun County should accelerate the construction of the project of drinking water for human and livestock in rural areas in the villages under the jurisdiction of the Muzhulong Water Source and effectively guarantee people's demand for water supply. At the end of 2018, the People's Government of Guizhou Province approved that the Huangjiawan Water Source would supply water to the urban area of Ziyun County. The Environmental Protection Bureau of Ziyun County organized the dismantlement of water supply facilities in the Muzhulong Water Source and ceased its water supply. The construction of the project of drinking water for human and livestock in rural areas has been complete and normal and stable water supply has been realized. At the same time, the Environmental Protection Bureau of Ziyun County abolished the EIA document where the ranch in the Muzhulong Water Source, the former primary protection zone, was unlawfully approved and it supervised the enterprise's re-handling of EIA formalities according to law. 2018年7月27日,最高人民检察院对该案件挂牌督办。2018年8月24日,紫云县检察院依法向紫云县环境保护局发出检察建议。在最高检、省级检察院指导督办下,安顺市、紫云县两级检察机关多次与紫云县县委、县政府和县环保局进行沟通,督促检察建议落实。紫云县政府督促县环保局根据现有水源地供水的实际情况,逐级向省政府请示,将已不能满足县城供水需求的母猪笼水源地申请替换为2018年6月新批复的黄家湾水源地,同时由县水利局加快建设母猪笼水源地所辖村的农村人畜饮水工程,切实保障困难群众的供水需求。2018年底,省政府批复同意替换黄家湾水源地向紫云县城供水。紫云县环保局组织对母猪笼水源地的供水设施进行拆除,停止该水源地的供水,农村人畜饮水工程亦按期建成并实现正常稳定供水。同时,紫云县环保局对原母猪笼水源地一级保护区内养殖场违规审批的环评文件予以撤销,依法监管企业重新办理环评手续。
[Significance] 【典型意义】
This case is one of 35 public interest litigation cases regarding destruction of the ecological environment under the supervision of the Supreme People's Procuratorate in 2018. For the purpose of ensuring the case-handling effect of win-win, after the issuance of the procuratorial proposal, the chief procurators and the deputy chief procurators in-charge of the procuratorial organs of Anshun City and Ziyun County supervised and participated in the handling of this case in person, had seminars with the major leaders and deputy leaders in-charge of the Party Committee and the People's Government of Ziyun County as well as the persons-in-charge of the environmental protection departments at the city and county levels multiple times, reported the case handling of the procuratorial organ, raised specific proposals for the existing problems and actual difficulties in the rectification, and conducted field investigations to check the rectification progress. The People's Procuratorate of Anshun City made ad hoc reports in a timely manner to the Party Committee, the People's Government, and the People's Congress of Anshun City as well as the Political and Legal Affairs Commission under the Party Committee of Anshun City on the handling of the case under supervision. Both the Secretary of the Party Committee of Anshun City and that of the Political and Legal Affairs Commission under the Party Committee of Anshun City issued instructions and affirmed the performance of the People's Procuratorate of Anshun City. By issuing a procuratorial proposal before public interest litigation, the procuratorial organ has effectively protected the ecological environment and guaranteed the safety of drinking water of the public in the urban area of Ziyun County. 本案是2018年最高检挂牌督办的35起破坏生态环境公益诉讼案件线索之一。为确保实现双赢多赢共赢的办案效果,检察建议发出后,安顺市、紫云县两级检察院检察长和分管检察长亲自督办和参办,多次与紫云县委、县政府主要领导、分管领导,市县两级环保部门的负责人座谈,通报检察机关办案情况,针对整改中存在的问题和实际困难提出具体的工作建议,并到实地查看整改进展。安顺市检察院及时向市委、市政府、市人大和市委政法委专题汇报督办案件办理情况,市委书记和市委政法委书记均批示肯定。检察机关通过公益诉讼诉前检察建议,有效保护生态环境,保障县城广大群众饮水安全。
4. An administrative public interest litigation case regarding safety of urban secondary water supply in Jiguan District, Jixi City, Heilongjiang Province 

4.黑龙江省鸡西市鸡冠区城市二次供水安全行政公益诉讼案

[Keywords] 【关键词】
Procedures before administrative public interest litigation; secondary water supply; drinking water safety 行政公益诉讼诉前程序 二次供水 饮用水安全
[Key Points] 【要 旨】
The water quality in the secondary water supply concerns the safety of every bite of food and the physical health of the public. The failure of the relevant administrative organ to perform its regulatory duties resulted in the persistent existence of potential safety risks of domestic drinking water. It is within the scope of accepting an administrative public interest litigation case. The procuratorial organ may urge the relevant administrative organ to perform the regulatory through the administrative pre-litigation procedures so as to effectively protect the safety of domestic drinking water for residents. 二次供水的水质关系到人民群众舌尖上的安全和身体健康。相关行政机关不依法履行监管职责,致使居民饮用水存在安全隐患的情形持续存在,符合行政公益诉讼受案范围,检察机关可通过行政诉前程序督促相关行政部门依法履行监督管理职责,切实保护居民饮用水安全。
[Basic Facts] 【基本案情】
In the performance of duties, the People's Procuratorate of Jixi City found that the water supply department of Nordic Impression Community affiliated to the secondary water supply entity, Jixi Hengxinda Real Estate Management Co., Ltd., supplied water without obtaining a sanitation permit and the personnel cleaning and sterilizing the secondary water supply facilities did not take health knowledge training and pass the physical examination. 鸡西市人民检察院在履行职责中发现,二次供水单位鸡西市恒信达物业管理有限公司所属北欧印象小区存在未取得卫生许可证而擅自供水,二次供水设施清洗、消毒人员未经卫生知识培训和健康检查上岗,以上违法事实违反《生活饮用水卫生监督管理办法》之规定,存在安全隐患。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
On September 3, 2018, the People's Procuratorate of Jixi City assigned the jurisdiction over the case to the People's Procuratorate of Didao District, Jixi City. On September 25, 2018, the People's Procuratorate of Didao District docketed this case. It was found upon investigation that Jixi Hengxinda Real Estate Management Co., Ltd. was an entity of secondary water supply responsible for supplying domestic water to residents in Nordic Impression Community by pressurization; and the Health and Family Planning Bureau of Jiguan District, which was responsible for sanitation supervision over the domestic drinking water in Jiguan District, but failed to perform such duties. The water supply department of Nordic Impression Community affiliated to Jixi Hengxinda Real Estate Management Co., Ltd. supplied water without obtaining a sanitation permit and the secondary water supply facilities were not cleaned and sterilized within the prescribed time limit, the personnel directly engaging in the water management and supply did not take the health knowledge training and pass the physical examination as required, and the water quality in the secondary water supply failed to be tested on schedule. The Health and Family Planning Bureau of Jiguan District failed to perform its regulatory duties against the aforesaid acts, resulting in the persistent existence of potential risks to the sanitation safety of domestic drinking water of this Community and the infringement upon the public interests. On September 28, 2018, the People's Procuratorate of Didao District, Jixi City issued a procuratorial proposal to the Health and Family Planning Bureau of Jiguan District and proposed that the latter effectively perform its duties, eliminate potential risks to the sanitation safety of domestic drinking water, establish a sound sanitation permit system, strictly supervise the sanitation of secondary water supply by Jixi Hengxinda Real Estate Management Co., Ltd., and order the real estate management company to make corrections within a prescribed time limit. 鸡西市检察院于2018年9月3日将该案指定鸡西市滴道区人民检察院管辖,滴道区人民检察院于2018年9月25日立案。经调查查明,鸡西市恒信达物业管理有限公司系二次供水单位,负责为鸡冠区北欧印象小区居民加压供应生活用水,鸡冠区卫生和计划生育局对鸡冠区生活饮用水负有卫生监督职责,但未履行该职责。鸡西市恒信达物业管理有限公司北欧印象小区供水部门未取得卫生许可证而擅自供水,二次供水设施未按规定期限进行清洗、消毒,直接从事管、供水人员未按规定经卫生知识培训和健康检查上岗,二次供水水质未按期检测。鸡冠区卫生和计划生育局对上述行为未依法履行监督管理职责,致使该小区生活饮用水卫生安全隐患持续存在,侵害社会公共利益。2018年9月28日,鸡西市滴道区人民检察院向鸡冠区卫生和计划生育局发出检察建议,建议该局切实履行职责,消除居民生活饮用水卫生安全隐患,建立健全卫生许可制度,严格监督鸡西市恒信达物业管理有限公司二次供水卫生,并责令其限期改正。
Upon receipt of the procuratorial proposal, the Health and Family Planning Bureau of Jiguan District attached great importance to it and acted quickly, positively performed its duties according to law, urged and assisted the water supply company in preparing the Scheme for Rectifying the Pump Stations for Water Supply Sanitation and Safety. By starting with the pump station in the southern station under the administration of the municipal water supply company, the impounding reservoir was cleaned and sterilized, the sanitation of the surroundings was maintained, the protective guards at the entrance were heightened, the locking devices at the entrance gate were attached, and the management personnel and water supply personnel took physical examinations and health certificates were handled after they passed such physical examinations. The rectifications passed the acceptance check of the Health and Family Planning Bureau of Jiguan District. On November 16, 2018, the first and only secondary water supply sanitation permit in Heilongjiang Province was issued for the bump station at the southern station. On November 16, 2018, the People's Procuratorate of Heilongjiang Province held a site meeting on exchanges of public interest litigation experience of procuratorial organs of Heilongjiang Province in the People's Procuratorate of Jixi City, advocated the experience of the People's Procuratorate of Jixi City in the handling of the public interest litigation case regarding secondary water supply sanitation and safety, and made arrangements for carrying out the ad hoc campaign of public interest litigation regarding secondary water supply sanitation and safety in a centralized manner in Heilongjiang Province. 收到检察建议后,鸡冠区卫计局高度重视并迅速行动,积极依法履行职责,督促协助供水公司制定了《泵站供水卫生安全整改方案》,率先从市供水公司管理的南站泵站入手,根据整改方案进行了蓄水池清洗消毒、周边环境卫生清理、入口防护栏加高、入口门设置上锁装置、管理人员和供水人员进行健康体检,合格后办理健康证明。经过整改,鸡冠区卫计局验收合格,于2018年11月16日为南站泵站签发了全省第一个也是唯一一个二次供水卫生许可证。2018年11月16日,黑龙江省人民检察院在鸡西市检察院召开了全省检察机关公益诉讼工作经验交流现场会,推广鸡西市检察院办理二次供水卫生安全公益诉讼案件经验,并部署在全省集中开展二次供水卫生安全公益诉讼专项活动。
For the purpose of completely solving the safety of drinking water under secondary water supply, the procuratorial organ in Jixi City positively guided the municipal water supply company in preparing the relevant regulatory documents. At present, the Regulation of Jixi City on the Administration of Urban Secondary Water Supply (Draft) has been developed, where the construction administration, operation and maintenance, water quality administration, and legal liability of secondary water supply facilities were elaborated, and it has been incorporated into the preparatory project of local legislation. The municipal water supply company established the first “specialized cleaning company for secondary water supply” and cleaned and sterilized the secondary water supply facilities according to the specialized operation specifications. At present, 12 communities, 9,700 households, and over 38,000 residents have benefited from it and the water quality at the access to resident households has been effectively improved. Concurrently, the municipal water supply company also proposed that the Water Quality Testing Center of Jixi City improve the water quality testing items, enhance the water quality monitoring capacity, and fundamentally solve the safety and quality of water under secondary water supply so as to actually achieve the effects of satisfaction of the Party committee and government and the benefits of the people and actually realize win-win. 为了彻底解决二次供水饮水安全的问题,鸡西市检察机关积极指导市供水公司着手制定相关规范性文件。目前,《鸡西市城市二次供水管理条例》草案已经完成,对二次供水设施的建设管理、运行维护、水质管理、法律责任等方面作了详尽的规定,已纳入地方立法预备项目。市供水公司成立了第一家“二次供水专业清洗公司”,按照专业操作规程进行二次供水设施清洗消毒作业,目前已惠及12个小区,9700户,38000余居民,居民入户端水质得到有效改善。同时,还建议市水质检测中心完善水质检测项目,提高水质监测能力,从根本上解决了二次供水的安全、质量问题,真正达到党委政府满意、人民群众受益的效果,真正实现双赢多赢共赢。
[Significance] 【典型意义】
Secondary water supply refers to a water supply mode in which after storage, pressurization, or reprocessing of domestic drinking water from the urban centralized water supply system, the water demand entity conveys water to consumers through pipelines. Due to historical reasons, technical reasons, capital investment, and supervision and administration, the majority of secondary water supply pump stations have no sanitation permit, the facilities fail to be cleaned and sterilized on a regular basis as required, the personnel fail to take health knowledge trainings and assumed the posts without passing the physical examination, and there are such problems of poor management and dirty, disorderly, and bad water supply environment, causing serious potential risks to the safety of drinking water of the common people. The procuratorial organ in Jixi City has adhered to the people-centered philosophy of development, focused on people's livelihood and well-being and through the case handling, urged the relevant administrative organ to perform its duties of secondary water supply regulation, established relevant work mechanisms, and regulated the industrial standards and operation specifications in this field, advanced the ad hoc campaign of public interest litigation regarding secondary water supply across the province, and guaranteed the “last mile” for the drinking water safety of the common people. In the process of case handling, the procuratorial organ established the concept of win-win, strengthened collaboration with the administrative organ and based on different division of work and functions, jointly pursued the improvement of the governance system and the level of modernization of governance capacity. 二次供水是指用水单位将来自城市集中式供水系统的生活饮用水经贮存、加压或者再处理后,经管道输送给用户的供水方式。目前,由于历史、技术、资金投入和监管等原因,二次供水泵站多数存在无卫生许可证、设施不按规定定期清洗消毒、从业人员不经卫生知识培训和体检合格上岗、管理混乱、供水环境脏、乱、差等问题,给百姓饮水卫生造成严重安全隐患。鸡西市检察机关坚持以人民为中心的发展理念,着眼民生福祉,通过办案督促相关行政机关依法履行二次供水监管职责,建立健全相关工作机制,并规范该领域的行业标准和操作规程,推动全省范围开展二次供水公益诉讼专项行动,保障了百姓饮水安全最后一公里。办案过程中,检察机关树立双赢多赢共赢的理念,加强与行政机关的协同,基于工作中的不同分工、不同职能,共同追求提升治理体系和治理能力的现代化水平。
5. An administrative public interest litigation case regarding “agritainment” food safety in Huocheng County, Xinjiang Uygur Autonomous Region 

5.新疆维吾尔自治区霍城县农家乐餐饮安全行政公益诉讼案

[Keywords] 【关键词】
Procedures before administrative public interest litigation; agritainment; food safety 行政公益诉讼诉前程序 农家乐 食品安全
[Key Points] 【要 旨】
Through the case handling, the procuratorial organ urges the administrative organ with regulatory duties to strengthen regulation of “agritainment” (a farm-based tourism) and other catering services, regulate operations of “agritainment” and other catering services, and eliminate hidden food safety risks, which has effectively safeguarded the lawful rights and interests of consumers. 检察机关通过办案,督促负有监管职责的行政机关对“农家乐”等餐饮服务加强监督管理,规范“农家乐”等餐饮服务的经营行为,消除食品安全隐患,有效维护了广大消费者的合法权益。
[Basic Facts] 【基本案情】
In October 2018, when carrying out the ad hoc supervision campaign of guaranteeing the “safety of every bite of food” for thousands of households, the People's Procuratorate of Huocheng County, Xinjiang Uygur Autonomous Region found that “Fatty Zhou Agritainment” and other 88 agritainment catering service places in Huocheng County did not obtain a business license or a catering service permit, their employees did not have health certificates, and there were hidden food safety risks that may endanger the physical health of many tourists and local consumers. As the food safety regulation department within the scope of Huocheng County, the Market Regulation Bureau of Huocheng County failed to legally perform regulatory duties against the aforesaid acts. 2018年10月,新疆维吾尔自治区霍城县人民检察院在开展保障千家万户“舌尖上的安全”专项监督活动过程中发现,霍城县“周胖子农家乐”等89家农家乐餐饮服务场所未办理营业执照、餐饮服务许可证,从业人员未办理健康证,存在食品安全隐患,危害众多游客及本地消费者身体健康。霍城县市场监督管理局作为县域范围内食品安全监督管理部门,对上述情况未依法履行监督管理职责。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
After finding the illegal activities of “Fatty Zhou Agritainment” and other 88 agritainment catering service providers in Huocheng County, the People's Procuratorate of Huocheng County docketed this case for examination according to law. Upon investigation, the People's Procuratorate of Huocheng County issued a procuratorial proposal to the Market Regulation Bureau of Huocheng County and claimed that the Market Regulation Bureau of Huocheng County should legally perform its duties, take effective regulatory measures against such 89 catering service providers, make them rectify their illegal acts, and standardize the lawful operations of “agritainment.” 霍城县检察院在发现霍城县“周胖子农家乐”等89家农家乐餐饮服务场所存在违法情形违法后,依法对该案立案审查。经调查,县检察院向县市场监督管理局发出检察建议,要求县市场监督管理局依法履职,依法对89家餐饮服务提供者采取有效监管措施,纠正其违法行为,规范“农家乐”依法经营。
Upon receipt of the procuratorial proposal, the Market Regulation Bureau of Huocheng County attached great importance to it, immediately held ad hoc meetings to deliberate the rectification scheme and implementation measures. It established an inspection team to analyze and research their failure to fully perform their duties, keep registers in a timely manner, and deliver such registers to the persons-in-charge of the grids. Then, it conducted a site inspection and verification of the enterprises in the grids, ordered unlicensed operators to obtain a business license within a prescribed time limit, and immediately closed down those that failed to satisfy the operation conditions. Upon verification, it urged 81 operators to obtain business licenses, food operation permits, and health certificates, canceled three operators, closed down five operators, and kept 34 persons from engaging in catering services. In light of the ad hoc campaign on combatting counterfeit and inferior foods in rural areas, the Market Regulation Bureau of Huocheng County intensified the standardized operation of food trade enterprises in catering services in Huocheng County, made more efforts to regulate unlicensed operations, consolidated the territorial food safety responsibilities of villages and towns, strengthened patrols of local food production operators, screened hidden risks, and ensured that food operators in catering services operate by holding and displaying their business license. 霍城县市场监管局收到检察建议后,高度重视并立即召开专题会议,积极研究整改方案及落实措施。该局组成核查小组,对未履职到位的情况进行分析研判,及时登记造册分发至各网格负责人手中。再针对各网格内的企业一一进行现场检查核实,对无证经营者,责令限期办证,对不符合经营条件的立即关停。经核实,共督促办理营业执照、食品经营许可证、健康证81家,注销3家,关停5家,停止34人从事餐饮服务。该局结合开展的农村假冒伪劣食品专项整治行动,强化全县餐饮服务领域食品经营企业规范经营,加大无证无照整治力度,强化各乡镇食品安全属地责任,加强所属地食品生产经营户巡查,排查风险隐患,确保餐饮服务环节食品经营者持证经营、亮证经营。
[Significance] 【典型意义】
Agritainment is a leisure tourism industry under key cultivation and rapid development in all counties and cities in Xinjiang by replying on their rich tourism resources and natural resources, with the aim to advance farmers' local startup and employment, increase farmers' income, and help farmers out of poverty. Strengthening regulation of “agritainment” and promoting standardized and legal operations will not only guarantee the “safety of every bite of food” and safeguard the interests of numerous consumers and the public, but promote the long-term development of the “agritainment” tourism industry. By issuing a procuratorial proposal, the People's Procuratorate of Huocheng County has effectively urged the Market Regulation Bureau of Huocheng County to conduct routine regulation of the “agritainment” industry within Huocheng County. In the case handling, the Market Regulation Bureau of Huocheng County positively performed its regulatory functions and attached importance to urging and assisting illegal operators in making rectifications and advancing their standardized and legal operation instead of adopting universal application or concluding the case by imposing a punishment. It has not only effectively rectified the illegal acts, but earnestly safeguarded the lawful rights and interests of the general public. 农家乐是新疆各县市依托丰富的旅游资源、自然资源,促进农民就地创业就业,增加农民收入,致富脱贫,重点培育和大力发展的休闲旅游产业。对农家乐加强监管,促其规范依法经营,既保障“舌尖上的安全”,维护众多消费者、人民群众的利益,也促进农家乐旅游产业长远发展。霍城县检察院通过发出检察建议,有效地督促了市场监督管理局对县域范围内“农家乐”服务行业的日常监督管理。案件在办理过程中,市场监督管理局积极履行监管职能,没有一刀切,也没有一罚了之,而是注重督促、帮助违法经营者整改,促其规范依法经营,既有效整改了违法行为,也切实维护了广大人民群众合法权益。
6. An administrative public interest litigation case regarding regulation of farm produce markets in Yuhang District, Hangzhou City, Zhejiang Province 

6.浙江省杭州市余杭区农贸市场整治行政公益诉讼案

[Keywords] 【关键词】
Procedures before administrative public interest litigation; regulation of farm produce markets; rapid food safety testing 行政公益诉讼诉前程序 农贸市场整治 食品安全快速检测
[Key Points] 【要 旨】
By giving play to the functional roles of procuratorial public interest litigation, the procuratorial organ assists the administrative organ in strengthening regulation and promoting the setup of rapid testing rooms or cases for pesticide residue in farm produce markets so as to effectively guarantee the “safety of every bite of food” for the common people. 检察机关通过发挥公益诉讼检察职能作用,助力行政机关加强监管,推动在农贸市场设置农药残留快速检测室或检测箱,有效保障百姓“舌尖上的安全”。
[Basic Facts] 【基本案情】
In January 2019, the People's Procuratorate of Yuhang District, Hangzhou City found in its performance of duties that dozens of farm produce markets within its jurisdiction failed to apply for market name registration as required, failed to effectively demand certificates and bills of edible agricultural products and making sampling testing and publicity, failed to preserve ledgers of harmless treatment of sub-quality farm products, failed to set up notice boards as required and publicize the quality safety management systems for agricultural products, food safety management personnel, etc., failed to sign agreements on the quality safety of agricultural products with sellers admitted to such farm produce markets, and failed to provide food safety trainings for such sellers. In addition, some operators admitted to those farm produce markets failed to obtain a business license and there were great food safety risks. 2019年1月,杭州市余杭区人民检察院在履行职责中发现,辖区内有数十家农贸市场未按规定申请市场名称登记、未做好食用农产品索证索票、抽样检测及公示、未留存不合格农产品无害化处理的台账信息、未按规定设置公示栏并公示农产品质量安全管理制度、食品安全管理人员等信息、未与入场销售者签订农产品质量安全协议、未对入场销售者进行食品安全培训,且部分入场经营户未办理营业执照,存在较大的食品安全隐患。
[Investigation and Supervision over Performance of Duties] 【调查和督促履职】
Upon investigation and verification, the People's Procuratorate of Yuhang District issued a procuratorial proposal to the Market Regulation Bureau of Yuhang District on January 31, 2019 and proposed that the Market Regulation Bureau of Yuhang District perform its regulatory duties, investigate and punish the illegal activities in the farm produce markets, urge unlicensed farm produce markets to apply for market name registration as soon as possible, operate in a legal and standardized manner, intensify the routine regulation of farm produce markets within its jurisdiction, and effectively guarantee the safety of non-staple food. 余杭区检察院调查核实后,于2019年1月31日向区市场监督管理局发出检察建议,建议其依法履行监管职责,对农贸市场存在的违法行为予以查处,督促无证农贸市场尽快申请市场名称登记,合法规范经营,强化对辖区内农贸市场的日常监管,切实保障菜篮子安全。
Upon receipt of the procuratorial proposal, the Market Regulation Bureau of Yuhang District attached great importance to it, immediately carried out ad hoc researches on the procuratorial proposal, determined the overall rectification idea of “banning a batch, regulating a batch, and transforming and upgrading a batch,” took various measures, and implemented the service management work. First, it analyzed the issues and fully understood the situation. It established a task force team, developed a rectification scheme, conducted a survey and screening of farm produce markets in Yuhang District, listed the spot checks of agricultural products in unlicensed farm produce markets in the inspection plan for circulating inspection vans for market regulation. By the first tertile of March, the inspection vans have inspected 776 batches in 25 farm produce markets. Second, it had talks with the persons-in-charge and advanced rectifications. It had talks with the persons-in-charge of 12 farm produce markets involved in the procuratorial proposal and the persons-in-charge of local town and sub-district and required them to implement the primary responsibilities and strengthen standardized market management. It issued written penalty decisions on giving a warning to four farm produce markets and issued a written notice of ordering rectification within a prescribed time limit to one farm produce market. Third, it coordinated with multiple entities to form joint forces and solve difficult problems. It explored the possibility of electronic issuance of certificates and bills for agricultural products in farm produce markets jointly with the Agriculture Bureau of Yuhang District; standardized and improved the template for the Agreement on Quality Safety of Edible Agricultural Products and guided the market organizers and sellers admitted to such markets in specifying their rights and obligations on quality safety of edible agricultural products; claimed that the market organizers should establish archives of sellers admitted to such markets and ledgers of harmless treatment of sub-quality agricultural products as required, developed food safety management systems and publicized them on walls, and conducted spot checks of agricultural products sold in such markets and publicized the results on walls; and further discussed with persons-in-charge of the relevant towns, sub-districts, and villages for solutions to such issues as obtainment of a business license, planning of locations, and improvement and upgrading. The farm produce markets having business licenses in Yuhang District have all set up rapid testing rooms. The farm produce markets having no business license have been required in notices to equip rapid food safety testing cases and where conditions permitted, some of such farm produce markets should explore the setup of rapid testing rooms so as to guarantee the “safety of every bite of food” for the general public. 收到检察建议后,区市场监管局高度重视,针对检察建议内容立即开展专题研究,确定了“取缔一批,规范一批,改造提升一批”的总体整改思路,多措并举,落实服务管理工作。一是梳理问题,摸清底数。成立专项工作组,制定整改方案,对全区农贸市场进行摸底排查,将无证农贸市场农产品抽检列入市场监管流动检测车检测计划,截止3月上旬,检测车共检测了25家农贸市场内共计776批次。二是开展约谈,推进整改。对检察建议涉及的12家农贸市场负责人和属地镇街负责人开展约谈,要求落实主体责任,加强市场规范化管理。对其中4家农贸市场开具了给予警告的当场处罚决定书,对1家农贸市场开具了责令限期整改通知书。三是多方联动,合力攻坚。与农业局就农贸市场农产品索证索票电子化问题进行探索;规范和完善《食用农产品质量安全协议》范本,指导市场主办方与入场销售者明确食用农产品质量安全权利义务;要求市场主办方按规定建立入场销售者档案、不合格农产品无害化处理台账等,制定食品安全管理等制度并上墙公示,对入场销售的农产品抽样检测并将结果上墙公示;与相关镇街、村社负责人就证照办理、布点规划、提升改造等问题进一步商讨解决对策。全区有证农贸市场已全部设置快速检测室,无证农贸市场已下发通知要求其配备食品安全快速检测箱,有条件的探索设立快速检测室,确保了人民群众“舌尖上的安全”。
[Significance] 【典型意义】
As main business premises for the sale of edible agricultural products, farm produce markets are closely related to people's lives. In recent years, food safety problems occurred now and then. The African swine fever, in particular, triggered public concerns on food safety. Both the State Administration for Market Regulation and the Ministry of Agriculture and Rural Affairs require further implementation of the provisions on the examination of inspection and quarantine certificates and prevention of contaminated pork's entry into the food processing link. Based on the public interest procuratorial functions, the procuratorial organ focused on the hot issues concerning food safety for the people's livelihood and take the initiative to carry out an ad hoc campaign of handling public interest litigation cases regarding food safety. On the one hand, it assisted the administrative organ in fundamentally solving some “persistent problems” in farm produce markets and advancing the setup of rapid testing rooms in farm produce markets having business licenses in Yuhang District; and on the other hand, it positively assisted the market organizers in solving practical difficulties so as to effectively guarantee the safety of “non-staple food” for the common people. 农贸市场作为销售食用农产品的主要经营场所,与人民群众的生活息息相关。近年来,食品安全问题多发,尤其是非洲猪瘟疫情,引发民众对食品安全的担忧。国家市场监管总局、农业农村部均要求进一步落实检验检疫票证查验规定,防止染疫猪肉原料进入食品加工环节。检察机关立足公益诉讼检察职能,聚焦食品安全民生热点,主动开展农贸市场食品安全公益诉讼案件办理专项行动,一方面助力行政机关从根源上解决农贸市场存在的一些“顽疾”,推动在全区有证农贸市场设置快速检测室,另一方面积极帮助市场开办主体解决实际困难,切实保障老百姓的“菜篮子安全”。
7. People's Procuratorate of Bincheng District, Binzhou City, Shandong Province v. Food and Drug Administration of Bincheng District (An administrative public interest litigation case regarding failure to legally perform duties) 

7.山东省滨州市滨城区人民检察院诉滨城区食品药品监督管理局不依法履职行政公益诉讼案

[Keywords] 【关键词】
Administrative public interest litigation; online catering; full performance of duties 行政公益诉讼 网络餐饮 履职尽责
[Key Points] 【要 旨】
With respect to the failure of online catering service providers to publicize and update their food business license, loose management of the third-party platforms of online catering services, and the failure of administrative organ to conduct effective regulation of network platforms, the procuratorial organ should urge the administrative organ to perform its duties by issuing a pre-litigation procuratorial proposal; where the administrative organ fails to fully perform its duties, the procuratorial organ should file an administrative public interest lawsuit so as to effectively safeguard the public interests. 对于入网餐饮服务提供者未依法公示和更新食品经营许可证等相关信息、网络餐饮服务第三方平台管理制度不严格、行政机关对网络平台监管不到位等问题,检察机关通过发出诉前检察建议书,督促行政机关依法履职;行政机关不履职尽责的,依法提起行政公益诉讼,切实维护社会公益。
[Basic Facts] 【基本案情】
In May 2018, the People's Procuratorate of Bincheng District, Binzhou City, Shandong Province found in the performance of its public interest supervisory duties that such third-party platforms of online catering services as “Meituan,” “Ele.me,” and “Baidu Waimai” and other online catering service providers within the jurisdiction failed to publicize their food business licenses and quantitative grading information according to law and the publicized food business licenses failed to be updated in a timely manner after the expiry of the term of validity, which has violated Articles 9 and 10 of the Measures for the Supervision and Administration of Food Safety in Online Catering Services. As the local food and drug administrative department, the Food and Drug Administration of Bincheng District, Binzhou City conducted inadequate regulation of the aforesaid issues, causing the long-term existence of hidden food safety risks in online catering, which has infringed upon the public interests. 2018年5月,山东省滨州市滨城区人民检察院在履行公益监督职责中发现,“美团”“饿了么”“百度外卖”等网络餐饮服务第三方平台及辖区内多家入网餐饮服务提供者存在未依法公示食品经营许可证、量化分级信息以及公示的食品经营许可证超过有效期限未及时更新等行为,违反了《网络餐饮服务食品安全监督管理办法》第九条、第十条的规定。滨州市滨城区食品药品监督管理局作为本地的食品药品监督管理部门,对上述问题监管不到位,致使网络餐饮食品安全隐患长期存在,侵害了社会公共利益。
[Pre-Litigation Procedures] 【诉前程序】
On June 8, 2018, the People's Procuratorate of Bincheng District issued a written procuratorial proposal to the Food and Drug Administration of Bincheng District and urged the latter to regulate the failure of relevant third-party platforms of online catering services and online catering service providers to publicize and update the relevant information. On July 18, 2018, the Food and Drug Administration of Bincheng District made a written reply, according to which it has delivered a written supervisory opinion to “Meituan” and the rectification has been complete; the food information in the business licenses of merchants on the platform of “Ele.me” listed in the written procuratorial proposal has been all publicized; the platform of “Baidu Waimai” has been removed and all stores have been required to remove information. 2018年6月8日,滨城区检察院向区食药局发出诉前检察建议书,督促其对相关网络餐饮服务第三方平台和入网餐饮服务提供者未依法公示和更新相关信息的行为进行监管。2018年7月18日,区食药局书面回复称:已对“美团”平台下达监督意见书,现已整改到位;“饿了么”平台上检察建议书中所列商家的许可证食品信息已全部公示;“百度”外卖平台现已不存在,已要求各店将信息从平台撤下。
Upon receipt of the written reply, the People's Procuratorate of Bincheng District followed up the investigation in a timely manner and found that some merchants listed in the written procuratorial proposal still failed to make rectifications, the Food and Drug Administration of Bincheng District still failed to fully perform the regulatory duties, and there were still major hidden food safety risks in online catering services, which endangered the personal and property safety of many unspecific consumers and infringed upon the public interests. 收到回复后滨城区检察院及时跟进调查,发现检察建议书中所列部分商家仍未整改,区食药局仍未依法全面履行监管职责,网络餐饮服务仍存在重大食品安全隐患,危及众多不特定消费者人身、财产安全,损害了社会公共利益。
[Proceedings] 【诉讼过程】
On September 3, 2018, the People's Procuratorate of Bincheng District filed an administrative public interest lawsuit with the People's Court of Bincheng District, alleging that (1) the negligence of the Food and Drug Administration of Bincheng District in the performance of its regulatory duties constituted a violation of law; and (2) the Food and Drug Administration of Bincheng District should be ordered to continue performance of its statutory regulatory duties. After the lawsuit was filed, the Food and Drug Administration of Bincheng District attached great importance to it, issued a notice to the headquarters of “Meituan,” “Ele.me,” and “Baidu Waimai”, requiring them to regulate and constrain several third-party platforms in Binzhou City that they had authorized and make rectifications as soon as possible. At the same time, the Food and Drug Administration of Bincheng District issued letters of case clue transfer to the Food and Drug Administration of Chaoyang District, Beijing Municipality, the Food and Drug Administration of Putuo District, Shanghai Municipality, and the Food and Drug Administration of Haidian District, Beijing Municipality and the aforesaid food and drug administrations were notified of investigating and handling the failure of third-party platforms to publicize the food business licenses or to renew the publicized catering service license upon expiry. On September 13, 2018, the Food and Drug Administration of Bincheng District delivered a written decision of imposing administrative penalties on enterprises involved in the relevant third-party platforms. On September 30, 2018, the Food and Drug Administration of Bincheng District randomly took the publicized information of such online ordering platforms in Bincheng District as “Meituan” and “Ele.me” and found that such information was legal and valid. Considering that the Food and Drug Administration of Bincheng District has legally performed its statutory duties after the lawsuit was filed and the public interests have been effectively safeguarded, the People's Procuratorate of Bincheng District amended its allegation to that the negligence of the Food and Drug Administration of Bincheng District in the performance of its regulatory duties, including failure to publicize and update the food business license and other relevant information of such third-party platforms of online catering services as “Meituan,” “Ele.me,” and “Baidu Waimai” and the online catering service providers within its jurisdiction, should be affirmed as a violation of law. On January 9, 2019, the People's Court of Bincheng District entered a judgment, in which the aforesaid claim of the procuratorial organ was upheld. The Food and Drug Administration of Bincheng District said that it would strengthen regulation of third-party platforms of online restaurant services and maintain the “safety of every bite of food” for the common people. 2018年9月3日,滨城区检察院依法向滨城区人民法院提起行政公益诉讼,请求:1.确认区食药局怠于履行监管职责的行为违法;2.判令区食药局继续履行法定监管职责。提起诉讼后,区食药局高度重视,分别向“美团”外卖总部、“饿了么”总部、“百度”外卖总部发出通知,要求对其授权的多家滨州第三方平台进行规范和约束,尽快整改。同时,向北京市朝阳区食品药品监督管理局、上海市普陀区食品药品监督管理局、北京市海淀区食品药品监督管理局发出案件线索移送函,对第三方平台存在的未公示食品经营许可证、公示的餐饮服务许可证超过有效期限的情况,函告该局予以调查处理。2018年9月13日,区食药局对相关第三方平台涉及企业下达行政处罚决定书。2018年9月30日,区食药局对滨城区代理“美团”外卖、“饿了么”外卖网络订餐平台的公示信息进行随机抽调,均合法有效。鉴于区食药局在提起诉讼后依法履行了法定职责,社会公共利益得到有效维护,区检察院依法变更诉讼请求为:确认区食药局对“美团”、“饿了么”、“百度外卖”三家网络餐饮服务第三方平台及辖区内的入网餐饮服务提供者未公示和更新食品经营许可证等相关信息怠于履行监管职责的行为违法。2019年1月9日,滨城区人民法院作出判决,支持了检察机关的诉讼请求。区食药局表示今后将加强网络餐馆服务第三方平台监管,全力维护人民群众“舌尖上的安全”。
[Significance] 【典型意义】
Notwithstanding the procuratorial organ has issued a written procuratorial proposal, the administrative organ still failed to fully perform its duties, such that the procuratorial organ should file an administrative public interest lawsuit. Although the Food and Drug Administration of Bincheng District has issued a written supervisory opinion to the relevant platforms, it neither effectively restrained the illegal activities nor exhausted the statutory administrative regulatory means according to the Measures for the Supervision and Administration of Food Safety in Online Catering Services. 检察机关发出诉前检察建议书,行政机关仍未履职尽责的,检察机关应当提起行政公益诉讼。虽然区食药局向相关平台下达了监督意见书,但并没有有效制止违法行为,也没有按照《网络餐饮服务食品安全监督管理办法》的要求穷尽法定的行政监管手段。
The infringement on the lawful rights and interests of multiple unspecific consumers and other public interests in the filed of food and drug safety includes both specific infringement facts and existing infringement risks. In accordance with the relevant interpretation of Article 1你怀了我的猴子 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Public Interest Litigation Cases regarding Consumption, regardless of whether it is a civil public interest litigation case or an administrative public interest litigation case, as long as there are major food safety risks and risks of endangering the physical health of many unspecific consumers, it should be determined as an act of infringing the public interests. 食品药品安全领域造成众多不特定消费者合法权益等社会公共利益受到侵害的事实,既包括具体的侵害事实,也包括存在的侵害危险。根据《最高人民法院关于审理消费民事公益诉讼案件适用法律若干问题的解释》第一条的相关解释,无论是消费民事公益诉讼还是行政公益诉讼,只要是存在重大食品安全隐患,存在危及众多不特定消费者身体健康危险的,也应认定为损害社会公共利益的行为。
Where, after the procuratorial organ files a lawsuit, the administrative organ performs its duties according to law, the procuratorial organ may alter its allegations. In accordance with Article 24 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation, where, in the trial of an administrative public interest litigation case, the defendant's correction of his or its illegal act or performance of his or its duties makes the realization of all allegations of a people's procuratorate, the people's procuratorate may withdraw the prosecution or amend its allegations and a people's court may confirm the illegality of the original administrative action. In this case, the judgment where the original administrative action was confirmed illegal is of warning significance to the administrative organ's performance of duties and it can better advance the relevant administrative organ's law-based administration, full performance of duties, and protection of public interests in the future law enforcement. 检察机关提起诉讼后,行政机关依法履行职责的,检察机关可以变更诉讼请求。依据两高《关于检察公益诉讼案件适用法律若干问题的解释》第二十四条规定,在行政公益诉讼案件审理过程中,被告纠正违法行为或依法履行职责而使人民检察院的诉讼请求全部实现,人民检察院可以撤回起诉或者变更诉讼请求,确认原行政行为违法。本案中,确认违法的判决,对行政机关履职具有警示意义,能够更好地促进相关行政机关在今后的执法过程中依法行政、全面履职、保护公益。
8. People's Procuratorate of Haikou City, Hainan Province v. Longqiao Branch of Haikou Linxiong Materials Industry and Trade Co., Ltd., et al. (A civil public interest litigation case regarding production and sale of sub-quality packaged drinking water) 

8.海南省海口市人民检察院诉海口琳雄物资工贸有限公司龙桥分公司等生产销售不合格包装饮用水民事公益诉讼案

[Keywords] 【关键词】
Civil public interest litigation; packaged drinking water, conditioned pathogen; health; harm risks 民事公益诉讼 包装饮用水 条件致病菌 健康危害风险
[Key Points] 【要 旨】
Slack regulation in the production of packaged drinking water is an important source of hidden hazards which bring risks of harms to the health of consumers. When handling this type of public interest litigation cases, the procuratorial organ should urge the production enterprise to perform the statutory obligation of food safety as the first responsible person, which has played a positive role in maintaining the public welfare of food hygiene for the general public. 包装饮用水生产环节把关不严,是造成消费者健康危害风险的重要源头性隐患,检察机关办理此类公益诉讼案件,督促生产企业履行食品安全第一责任人法定义务,对维护社会公众食品卫生公益发挥了积极作用。
[Basic Facts] 【基本案情】
The People's Procuratorate of Haikou City found the clues to this case through the “Platform of Connection between Administrative Law Enforcement and Criminal Justice.” Upon preliminary investigation and verification, it docketed this case for examination on July 11, 2018 and found the following facts: Since 2015, in the spot inspections of packaged drinking water produced by Longqiao Branch of Haikou Linxiong Materials Industry and Trade Co., Ltd. (hereinafter referred to as “Longqiao Branch”) by the food and drug administrative department, it has been repeatedly inspected that multiple items such as pseudomonas aeruginosa, Aerobic Plate Count (APC), and mycete did not meet the requirements of the national food safety standards and such packaged drinking water was determined as sub-quality product. The Food and Drug Administration of Haikou City has given Longqiao Branch five administrative penalties. Longqiao Branch has been engaged in producing packaged drinking water since 2006, produced 100 to 200 barrels of packaged drinking water daily, and the annual sales reached approximately CNY200,000. The sub-quality packaged drinking water produced by Longqiao Branch was sold to multiple cities and counties of Hainan Province and the accumulative sales amount was large (there were over 500 barrels of packaged drinking water only containing pseudomonas aeruginosa upon inspection), and such sub-quality packaged drinking water constituted potential harms to the health of consumers. 海口市人民检察院通过“两法衔接平台”发现本案线索,经初步调查核实后,于2018年7月11日立案审查,查明事实:自2015年以来,海口琳雄物资工贸有限公司龙桥分公司生产的包装饮用水在食品药品监督管理部门组织的抽检过程中,多次被查出铜绿假单胞菌、菌落总数、霉菌等项目不符合国家食品安全标准要求,并认定为不合格产品。海口市食品药品监督管理局先后对龙桥分公司作出5次行政处罚。龙桥分公司自2006年左右开始生产包装饮用水,每天生产100至200桶,每年销售数额20万元左右。其生产的不合格包装饮用水销往海南多个市县,累计销售数量大(仅查处含铜绿假单胞菌的包装饮用水就多达500余桶),对广大消费者的身体健康构成潜在危害。
[Pre-Litigation Procedures] 【诉前程序】
On October 10, 2018, the People's Procuratorate of Haikou City published an announcement on the Procuratorate Daily, notifying that any organ or organization having the right to institute a public interest litigation may institute a civil public interest litigation against Longqiao Branch and notified the Hainan Consumers' Committee in letter. After the announcement period expired on November 8, 2018, no competent organ or organization as prescribed by law instituted a litigation. 2018年10月10日,海口市检察院在《检察日报》上发出公告,告知有权提起公益诉讼的机关或组织可依法对龙桥分公司提起民事公益诉讼,并函告海南省消费者委员会。2018年11月8日公告期届满后,没有法律规定的有权机关或组织提起诉讼。
[Proceedings] 【诉讼过程】
It was found upon examination that, after Longqiao Branch was given several administrative penalties, pseudomonas aeruginosa was still constantly found in the packaged drinking water it produced. As a conditioned pathogen recognized in China, pseudomonas aeruginosa may cause various diseases including acute enteritis, meningitis, septicemia, and scytitis. It was specified in the National Food Safety Standards for Packaged Drinking Water (GB19298-2014) that no pseudomonas aeruginosa should be found in each sample of 250 ml. The Hainan Center for Disease Control and Prevention issued a letter of expert opinions, which proved that the pseudomonas aeruginosa in the packaged drinking water had potential risks of harm to the health of more vulnerable groups. Longqiao Branch was perfunctory to the rectification requirements of the Food and Drug Administration of Haikou City. Pseudomonas aeruginosa has been repeatedly found in the packaged drinking water it produced, which was determined as a sub-quality product. Subjectively, Longqiao Branch was at material fault since it failed to take effective measures to improve the water quality. 经审查,龙桥分公司受到多次行政处罚后,其生产的包装饮用水仍不断检出铜绿假单胞菌,这是一种国家认定的条件致病菌,容易引起急性肠道炎、脑膜炎、败血症和皮肤炎症等多种疾病。GB19298-2014《食品安全国家标准 包装饮用水》中明确规定每250mL水样中铜绿假单胞菌不得检出。海南省疾控中心出具专家意见函证实,本案所涉包装饮用水铜绿假单胞菌对易感人群存在一定的健康危害风险。龙桥分公司对待海口市食药监的整改要求敷衍了事,生产的包装饮用水屡次检出铜绿假单胞菌项目,被判定为不合格产品,未采取切实有效措施提高水质,主观上存在重大过错。
There was a causal relationship between the aforesaid infringing act of Longqiao Branch and the consequence of harm, and Longqiao Branch was an eligible defendant in this case. Linxiong Company should assume the civil liabilities of Longqiao Branch, which was was a subsidiary thereof, and Linxiong Company was also an eligible defendant in this case. In this case, the defendants failed to issue a notice of recall on a provincial medium in accordance with paragraph 1 of Article 63 of the Food Safety Law of the people's Republic of China and paragraph 1 of Article 17 of the Administrative Measures for Food Recalls, and their obligations of recall have not been performed. 该公司上述侵权行为与损害后果之间存在法律上因果关系,属于本案适格被告。龙桥分公司作为琳雄公司的分支机构,其民事责任琳雄公司也应承担。琳雄公司也属于本案适格被告。本案中,被告未依据《中华人民共和国食品安全法》第六十三条第一款和《食品召回管理办法》第十七条第一款规定,在省级媒体上发布召回信息,其召回义务并未履行完毕。
On November 23, 2018, the People's Procuratorate of Haikou City instituted a civil public interest litigation with the Intermediate People's Court of Haikou City, alleging that: (1) the two defendants should issue an announcement on a provincial public news medium to recall 200 barrels of Yinshan Yequan packaged drinking water produced on August 1, 2018 and 100 barrels of Jingzu packaged drinking water produced on August 4, 2018; (2) the two defendants should suspend their production and sale of sub-quality products and eliminate the hazards of infringement upon public interests; (3) the two defendants should extend a formal apology on a provincial public news medium; and (4) for the purpose of determining that the production and sale of packaged drinking water not complying with the national food safety standards caused harms to public good, the procuratorial organ should legally entrust experts, seek their professional advice, and pay some expert consultation fees. Such expert consultation fees should be paid by Longqiao Branch and Linxiong Company according to the law. 海口市检察院于2018年11月23日向海口市中级人民法院提起民事公益诉讼,诉请:一、两被告在省级公开发行的新闻媒体上发布公告,召回其2018年8月1日生产的200桶银珊椰泉包装饮用水和2018年8月4日生产的100桶景族包装饮用水;二、两被告停止生产、销售不合格产品,消除侵害公益危险;三、两被告在省级公开发行的新闻媒体上赔礼道歉;四、为确定龙桥分公司生产销售不符合食品安全国家标准的包装饮用水损害社会公益的问题,检察机关依法委托专家咨询专业意见,并支付一定专家咨询费用。应依法由龙桥分公司和琳雄公司承担该部分费用支出。
On December 29, 2018, the Intermediate people's Court of Haikou City, Hainan Province entered a judgment of the first instance, in which all claims of the procuratorial organ were upheld. 2018年12月29日,海南省海口市中级人民法院作出一审判决,全部支持了检察机关的诉讼请求。
[Significance] 【典型意义】
In recent years, excessive pseudomonas aeruginosa in packaged drinking water has been reported time and again in the food supervision and spot inspections in Hainan Province and other places, some enterprises have produced sub-quality packaged drinking water over and over again, and such prominent problems in hidden food safety hazards caused by slack regulation in the production link and laggard implementation of national safety standards have been fully exposed. The People's Procuratorate of Haikou City gave play to the functional roles of public interest litigation and urged the enterprise to conscientiously perform the statutory obligations of food production safety as the first responsible person, which has played active leading and demonstrating roles in regulating production in the industry of packaged drinking water across the country and guaranteeing the safety and sanitation of drinking water for consumers. 近年来,海南等地食品监督抽检中接连爆出包装饮用水中铜绿假单胞菌超标的问题,部分企业一而再、再而三地生产不合格的包装饮用水,充分暴露出其在生产环节把关不严,未严格执行国家安全标准造成食品安全隐患的突出问题。海口市检察院发挥公益诉讼职能作用,督促企业认真履行食品安全生产第一责任人的法定义务,对全国范围包装饮用水行业规范生产,保障消费者饮用水安全卫生,具有积极的引领示范作用。
9. People's Procuratorate of Huangpu District, Guangzhou City, Guangdong Province v. Guangzhou Shunwangke Company (An incidental civil public interest litigation case regarding production and sale of food not meeting the safety standards) 

9.广东省广州市黄埔区人民检察院诉广州顺旺客公司生产、销售不符合安全标准食品刑事附带民事公益诉讼案

[Keywords] 【关键词】
Incidental civil public interest litigation; punitive damages; integrated case handling 刑事附带民事公益诉讼 惩罚性赔偿 一体化办案
[Key Points] 【要 旨】
With respect to the infringement on public interests due to production and sale of food not meeting the prescribed safety standards, while investigating the criminal liabilities of the parties involved according to law, the procuratorial organ should institute an incidental civil public interest litigation according to law, explore the claim for punitive damages, increase the illegality costs of criminal offenders, and effectively safeguard the public interests. 对于生产销售不符合安全标准食品而侵害社会公共利益的违法行为,在依法追究涉案人刑事责任的同时,要依法提起刑事附带民事公益诉讼,探索提出惩罚性赔偿诉讼请求,加大违法者违法成本,有效保护社会公共利益。
[Basic Facts] 【基本案情】
Guangzhou Shunwangke Catering Management Co., Ltd. (hereinafter referred to as the “Company”) was registered and formed on September 5, 2013 and it has multiple central kitchens and distribution sites in Guangzhou City. In November 2017, the Company had a new business site in Huangpu District. Without obtaining a distribution permit for the aforesaid address, the Company carried out a large-scale food and beverage distribution, with nearly 10,000 meals served daily on average. In December 2017, the Company started to purchase frozen meat products from Weixiong Frozen and Fresh Products Stall and upon processing, it sold such frozen meat products to Tangdenan Primary School in Tianhe District, Comba Company and Wondfo Company in Huangpu District, and other entities and individual buyers. In particular, on March 18, 2018, the Company purchased 200 kg of pork trotters, in which 80 kg of them were sold upon processing. On March 21 of the same year, according to tip-offs from the general public, the Food and Drug Administration of Huangpu District, Guangzhou City conducted an inspection on the Company. On April 9, 2018, the Food and Drug Administration of Huangpu District sealed up the cold storage and conducted a spot inspection on the remaining 120 kg of pork trotters. It was tested that the content of ractopamine was 1.63 μg/kg, which did not conform to the prescribed standard. 广州顺旺客餐饮管理有限公司于2013年9月5日注册成立,在广州设有多处中央厨房与配送点。该公司于2017年11月增加了黄埔区经营点,在上述地址未取得食品经营许可证的情况下,大规模开展餐饮配送,日均供餐上万份。自2017年12月开始向广州市白云区太和伟兄冰鲜档采购肉类冻品加工后销售给天河区棠德南小学、黄埔区京信公司、万孚公司等单位及散客。其中,2018年3月18日,采购了400斤猪手粒,其中160斤加工后销售。同年3月21日,广州市黄埔区食品药品监督管理局根据群众举报对该公司进行检查,2018年4月9日区食药局对冷冻仓库进行查封,并对剩余的240斤猪手粒进行抽检,经检测莱克多巴胺含量为1.63μg/kg,检测结果为不合格。
[Pre-Litigation Procedures] 【诉前程序】
In the handling of this criminal case, the People's Procuratorate of Huangpu District collected and beefed up evidence of the public interest litigation case. First, it guided the public security organ in focusing on investigation into Zhang and another criminal suspect's supply channels, purchase prices, and other nine key details, simultaneously required pursuits of the Company's upstream dealers and comprehensively investigated the sources of frozen pork trotters containing lean meat powder. Second, since the confessions of the criminal suspects were inconsistent with deposition of some witnesses in terms of the weights and sources of the pork trotters involved, for the purpose of making a thorough investigation into the supply chains, the case handling personnel attached importance to conducting self-investigation while guiding the public security organ in conducting a supplementary investigation, and verified the supply chains of the entities involved and the upstream suppliers of the frozen products. Third, with respect to whether the pork trotters involved have been sold and whether actual personal injuries have been evoked, since the defendant entity had several central kitchens and supply centers in Guangzhou City and it had many corporate clients to which it served meals, the criminal suspects failed to accurately state the flow directions of the pork trotters involved. Therefore, the case handling personnel went to Tangdenan Primary School in Tianhe District, Comba Company and Wondfo Company in Huangpu District, and other entities to which such food was sold for investigation and evidence-taking, and took the contracts on serving meals and menus so as to prove that the pork trotters involved have been actually sold and major hazards of harms have been caused. Fourth, with respect to whether the defendant entity has performed the obligation of full review, the criminal suspects and their upstream suppliers did not make comprehensive and truthful statements. By taking all administrative law enforcement materials of the Food and Drug Administration of Huangpu District, the case handling personnel found such details as the defendant entity engaged in business operation without a business license, antedated the supply contracts after the case was exposed, and was once given administrative penalties by the Food and Drug Administration of Shanghai Municipality, and their upstream suppliers failed to obtain the food business permit when the case was exposed. Therefore, the case handling personnel broke the psychological barriers of the criminal suspects and the criminal suspects finally confessed all facts that they failed to perform the review obligations. The painstaking beefup of evidence has finally laid a sound evidential basis for the accurate institution of an incidental civil public interest litigation. 黄埔区人民检察院在办理刑事案件过程中,有意识收集补强公益诉讼案件证据。一是依法引导公安机关着重侦查张某某等两名犯罪嫌疑人的入货渠道、采购价格等11个关键细节,同时要求追捕顺旺客公司上家及上上家,全面追查含瘦肉精的猪手粒问题冻品的源头。二是在涉案猪手粒的重量及来源问题上,由于犯罪嫌疑人供述、部分证人证词存在不一致,为了查清供货链条,办案人员在引导公安机关补充侦查的同时注重自行调查,查清了涉案单位、冻品上家及上上家供货的链条。三是在涉案猪手粒是否已被对外销售并产生实际人身损害的问题上,由于被告单位在广州有多处中央厨房及供应点,加上被告单位供餐单位众多,犯罪嫌疑人无法准确供述涉案猪手粒的流向。为此办案人员亲自前往天河区棠德南小学、京信公司、万孚公司等食品流向单位调查取证,调取供餐合同及菜谱以证实涉案猪手粒实际销售并产生了损害的重大危险。四是在被告单位是否尽到充分审核义务的问题上,犯罪嫌疑人以及其上家均未全面如实供述。办案人员通过调取区食药监局的全部行政执法材料,查明被告单位无证经营、案发后倒签供应合同、曾受过市食药监局行政处罚及上家案发时未取得食品经营许可证等多个细节,从而瓦解了犯罪嫌疑人的心理防线,最终如实供述未履行审核义务的全部事实。通过细致到位的补强证据工作最终为准确提起刑事附带民事公益诉讼奠定了坚实的证据基础。
[Proceedings] 【诉讼过程】
In September 2018, the People's Procuratorate of Huangpu District filed a public prosecution with the People's Court of Huangpu District, Guangzhou City against Shunwangke Company and its principal responsible persons and direct responsible persons for being suspected of committing the crime of producing and selling foods failing the safety standards, and investigated into the criminal liabilities of the entity and individuals. At the same time, it also instituted an incidental civil public interest litigation against Shunwangke Company for its infringement of public interests and required that the defendant entity pay compensation ten times the sales amount and extend a formal apology to consumers. The People's Court of Guangzhou City entered a criminal judgment and a civil judgment, sentencing the two defendants to a fixed-term imprisonment of seven months and a fixed-term imprisonment of six months, respectively, for committing the crime of producing and selling food failing the safety standards, granted them probation and declared injunction, and imposed a fine of CNY20,000 on the defendant company. The defendant entity was ruled to pay punitive damages ten times the sales amount of the sub-quality pork trotters and extend a formal apology. 2018年9月间,黄埔区检察院对广州顺旺客公司以及主要负责人和直接责任人员以涉嫌生产、销售不符合安全标准的食品罪向广州市黄埔区人民法院提起公诉,追究单位和个人的刑事责任。同时该院还对顺旺客公司侵害社会公共利益的行为提起了刑事附带民事公益诉讼,要求被告单位承担十倍销售额的赔偿金并向消费者公开赔礼道歉。广州市黄埔区人民法院先后作出刑事判决和民事判决,以生产、销售不符合安全标准的食品罪分别判处两被告人有期徒刑七个月、六个月,宣告缓刑并宣告禁止令,判处被告公司罚金人民币2万元。判决被告单位支付不合格猪手粒销售价款十倍的惩罚性赔偿金并公开赔礼道歉。
[Significance] 【典型意义】
The safety of every bite of food requires the full performance of legal obligations by food business operators, especially large catering service providers so as to ensure safety in the links of food materials procurement and processing. Where a catering service provider fails to strictly perform the statutory duties as prescribed in the Food Safety Law of the People's Republic of China and other relevant laws and regulations, resulting in the flow of livestock, poultry, beasts, aquatic animals that die of illness, die of unknown causes, or do not pass the inspection and quarantine as well as their meet products into the consumption link upon processing, the catering service provider should be deemed to have failed to perform its statutory obligations, its acts should constitute a crime, and the entity involved and the persons involved should be subject to criminal liabilities according to law. In this case, although no specific victims are identified, the taking of sub-quality meat products containing lean meat powder will no doubt cause material potential safety hazards to human body. The procuratorial organ instituted an incidental civil public interest litigation and claimed punitive damages ten times the sales amount, which not only severely claimed accountability economically, but also had warning effects on other catering service providers who should pay close attention to safety so as to put an end to potential hazards in the procurement sources of food and seek long-term development. 舌尖上的安全亟需食品经营者尤其是大型的餐饮服务提供者充分履行法律义务,确保食品原料采购、加工环节的安全。餐饮服务提供者如未严格履行《中华人民共和国食品安全法》等相关法律法规的法定职责,导致病死、死因不明或者检验检疫不合格的畜、禽、兽、水产动物及其肉类制品的经加工流入消费环节的,应视为未履行法定义务,构成不作为犯罪,应依法追究涉案单位和涉案人的刑事责任。本案虽未找到具体的受害者,但是食用含有瘦肉精的不合格肉制品无疑会对人体产生重大的安全隐患,提起刑事附带民事公益诉讼,主张十倍惩罚性赔偿,既从经济上严厉追责,也对其他餐饮服务者有警示作用,让广大餐饮服务者紧绷安全之弦,从食物采购源头杜绝安全隐患,才能谋求企业长远发展之道。
     
     
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