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The Supreme People's Procuratorate Issues Top 10 Model Cases Concerning Procuratorial Public Interest Litigation [Effective]
最高人民检察院发布检察公益诉讼十大典型案例 [现行有效]
【法宝引证码】

The Supreme People's Procuratorate Issues Top 10 Model Cases Concerning Procuratorial Public Interest Litigation 

最高检发布检察公益诉讼十大典型案例

(December 25, 2018) (2018年12月25日)

Model Cases Concerning Procuratorial Public Interest Litigation 检察公益诉讼典型案例
I. Model cases concerning pre-litigation procedure 一、诉前程序典型案例
1. Case concerning public interest litigation for ecological and environmental protection of the Shuimoxi Wetland Nature Preserve in Shizhu County, Chongqing Municipality 1、重庆市石柱县水磨溪湿地自然保护区生态环境保护公益诉讼案
2. Case concerning public interest litigation for ecological and environmental protection of the Ci Lake Beauty Spot in Huangshi City, Hubei province 2、湖北省黄石市磁湖风景区生态环境保护公益诉讼案
3. Case concerning public interest litigation for food safety against third-party online catering service platforms in Haidian District, Beijing 3、北京市海淀区网络餐饮服务第三方平台食品安全公益诉讼案
4. Case concerning public interest litigation for food safety in the vicinity of the schools in Zhongning County, Ningxia Hui Autonomous Region 4、宁夏回族自治区中宁县校园周边食品安全公益诉讼案
5. Case concerning public interest litigation for cooking oil bearing false non-genetically modified organism marks in Minhou County, Fujian province 5、福建省闽侯县食用油虚假非转基因标识公益诉讼案
6. Case concerning public interest litigation for remedying false pharmaceutical advertisements in Xiangyin County, Hunan province 6、湖南省湘阴县虚假医药广告整治公益诉讼案
7. Case concerning public interest litigation for remedying "nuisance calls" in Ningbo City, Zhejiang province 7、浙江省宁波市“骚扰电话”整治公益诉讼案
II. Model cases concerning litigation procedures 二、诉讼程序典型案例
8. Zhenxing District People's Procuratorate of Dandong City, Liaoning province v. Land and Resources Bureau of Dandong City (Administrative Public Interest Litigation for Failure to Recover Payments for Transfer of State Land) 8、辽宁省丹东市振兴区人民检察院诉丹东市国土资源局不依法追缴国有土地出让金行政公益诉讼案
9. People's Procuratorate of Ganzhou City, Jiangxi province v. Guo A et al. (Civil Public Interest Litigation for Production and Sale of Sulfur-smoked Chilies) 9、江西赣州市人民检察院诉郭某某等人生产、销售硫磺熏制辣椒民事公益诉讼案
10. Jinghu District Procuratorate of Wuhu City, Anhui province v. Li A et al. (Case of Incidental Civil Public Interest Litigation for Inter-provincial Dumping of Solid Waste) 10、安徽省芜湖市镜湖区检察院诉李某等人跨省倾倒固体废物刑事附带民事公益诉讼案
I. Model cases concerning pre-litigation procedure 一、诉前程序典型案例
1. 1、
Case concerning public interest litigation for ecological and environmental protection of the Shuimoxi Wetland Nature Preserve in Shizhu County, Chongqing Municipality 重庆市石柱县水磨溪湿地自然保护区生态环境保护公益诉讼案
Keywords 【关键词】
Procedures before administrative public interest litigation; ecological protection of the Yangtze River Economic Belt; action by provincial procuratorate; action by principal public procurator 行政公益诉讼诉前程序 长江经济带生态保护 省级院提办 大检察官承办
Key point 【要旨】
Where planning and constructing an industrial park in a nature preserve has caused damage to the wetland ecology and environment, the local government shall, as required by the Regulations of the People's Republic of China on Nature Reserves, actively perform its duty to oversee the ecology and environment and be subject to the liability for remediation of damage so caused. 在自然保护区规划建设工业园区,对湿地生态环境造成了破坏,地方政府应根据《中华人民共和国自然保护区条例法宝》的规定,积极履行生态环境监管职责,对造成的生态环境破坏承担修复责任。
Basic facts 【基本案情】
On April 7, 2009, the Shizhu County Government of Chongqing Municipality made an official reply, approving the establishment of the Shuimoxi Wetland Nature Preserve. The Ministry of Environmental Protection put the preserve in the National Nature Preserves List 2011. On June 2, 2011, the Shizhu County Government made an official reply, approving the Xituo Town Master Plan, and planned and commenced the construction of the Xituo Industrial Park. As discovered by supervisory inspection, there was an aggregate overlap of 336.285 hectares between the first to third phases of the industrial park and the wetland preserve, accounting for 20.85% of the total area of the wetland preserve. The construction and operation of the industrial park occupied part of the tidal flat and considerably and irreversibly changed the structure, nature and function of the ecosystem of the overlap between the industrial park and the preserve, which affected the ecosystem of the wetland and the animals in the preserve to a certain extent. 2009年4月7日,重庆市石柱县政府批复建立水磨溪湿地自然保护区,国家环保部将该保护区列入了《2011年全国自然保护区名录》。2011年6月2日,石柱县政府批复同意《西沱镇总体规划》,规划并开工建设西沱工业园区。监督检查中发现,工业园区一至三期规划共重叠湿地保护区面积336.285公顷,占湿地保护区总面积比例为20.85%,工业园区的建设和运营占用部分滩涂,较大程度地、不可逆转地改变了工业园区与保护区重叠区域的生态系统的结构、性质与功能,对湿地生态系统和保护区内动物有一定影响。
Investigating and supervising the performance of duties 【调查和督促履职】
The case was put under public supervision by the Supreme People's Procuratorate, received much publicity and had relatively strong social implications. In order to effectively handle the case put under public supervision, the Chongqing Municipal Procuratorate decided to action it. The chief procurator accepted the task in person and led the task force to quickly carry out investigation and verification, ascertain the facts of the case, and develop a supervisory proposal. After the procuratorial authority gave a supervisory opinion, the chief procurator personally served procuratorial recommendations on the Shizhu County Government, publicly stated the procuratorial recommendations, explained the law, and put forward specific requirements for remediation and corrective action. 该案系最高人民检察院挂牌督办案件,各界普遍关注,社会影响较大。为办理好挂牌督办案件,重庆市检察院决定提办该案,检察长亲自承办,带领专案组迅速开展调查核实工作,查清案件事实,拟定监督方案。并在检察机关作出监督意见后,亲自到石柱县政府现场送达检察建议书,公开宣告,进行释法说理,提出修复整改的具体要求。
The Shizhu County Government promptly carried out remediation and took corrective action in accordance with the requirements of the procuratorial recommendations. To date, 37 out of the 38 projects that were required to be demolished and withdrawn from the preserve have been demolished and covered with soil. The remaining project has executed a factory purchase agreement and will be relocated as a whole before the end of December this year. 石柱县政府按照检察建议的要求,迅速开展修复整改工作。当前,保护区内须拆除、退出的38个项目已拆除并覆土完毕37个,另1个项目已签订厂房收购协议,于今年12月底前整体搬迁。
Guiding significance 【指导意义】
Effectively protecting the ecology and environment of the Shuimoxi Wetland Nature Preserve in Shizhu County was an important part of the special action of public interest litigation for Yangtze River protection launched by the procuratorial authorities of Chongqing Municipality and a specific measure to protect the ecology and environment of the Yangtze River Economic Belt. As the person in charge of the procuratorial authorities of Chongqing Municipality in participating in and guaranteeing the pollution prevention efforts, the chief procurator took the lead in handling the case, publicly declared the procuratorial recommendations on the spot, and explained the law, which was conducive to supervising the administrative agency performing its duties according to the law and actively taking corrective action. After receiving the procuratorial recommendations, the Shizhu County Government actively fulfilled its duties to oversee the environment and remedy ecology, scientifically formulated corrective action and remediation proposals, and concentrated efforts on quickly advancing the corrective and remediation work. At present, the ecological remediation of the nature preserve is being advanced in an orderly manner in accordance with the corrective action plan, the damaged ecological environment is being effectively remedied, and the public interest is maintained. The case has become an example that the chief procurator took the lead in handling the case and turned public interest litigation into a "principal's project." 保护好石柱县水磨溪湿地自然保护区生态环境,是重庆市检察机关开展“保护长江母亲河”公益诉讼专项行动的重要内容,更是保护长江经济带生态环境的具体举措。作为重庆市检察机关参与和保障打好污染防治攻坚战的总负责人,检察长带头办案,对检察建议当场公开宣告,并进行释法说理,有利于督促行政机关依法履职、积极整改。石柱县政府收到检察建议后积极履行环境监管和生态修复职责,科学制定整改和修复方案,集中力量迅速推进整改修复工作。目前自然保护区生态修复工作按照整改计划有序推进,被破坏的生态环境得到有效修复,社会公共利益得以维护。该案也成为检察长带头办案,把公益诉讼做成“一把手工程”的范例。
In the process of handling the case, the procuratorial authority effectively strengthened communication with the object under supervision, strictly followed the implementation and feedback mechanism, effectively supervised the object under supervision performing its duties according to the law, voluntarily provided legal services for relevant enterprises, helped enterprises relocate and be transformed and upgraded, offer advice on local economic development and produced win-win effects of protecting the ecology and environment, serving private enterprises, and ensuring local economic development. 在办案过程中,检察机关切实加强与被监督对象的沟通交流,严格跟踪落实反馈机制,有力督促被监督对象依法履行职责,并主动为相关企业提供法律服务,帮助企业搬迁及转型升级,为地方经济发展出谋划策,实现了保护生态环境、服务民营企业、保障地方经济发展的双赢共赢多赢效果。
2. 2、
Case concerning public interest litigation for ecological and environmental protection of the Ci Lake Beauty Spot in Huangshi City, Hubei province 湖北省黄石市磁湖风景区生态环境保护公益诉讼案
Keywords 【关键词】
Procedures before administrative public interest litigation; administrative agency voluntarily requests supervision; overlap between functions of administrative agencies 行政公益诉讼诉前程序 行政机关主动要求监督 行政机关职能交叉
Key point 【要旨】
For law enforcement problems that unclear authority results from overlap between functions of administrative agencies, the procuratorial authority may, by means of recommendations before administrative public interest litigation, supervise the relevant functional authorities to work together to promote problem resolution and achieve win-win results. 对于多个行政机关因职能交叉导致权限不清的执法难题,检察机关可以通过行政公益诉讼诉前建议的方式,督促相关职能部门共同努力,推动问题解决,实现多赢共赢。
Basic facts 【基本案情】
The Ci Lake was located in the urban area of Huangshi City, Hubei province, covering about 10 square kilometers. In 1997, the Ci Lake Beauty Spot became a provincial beauty spot with the approval of the provincial government. In 2004, in order to improve and build the Ci Lake Beauty Spot, the Huangshi City Government expropriated a fish pond of 15.5 mu (1 mu is approximately equal to 667 square meter) and vegetable land of 1.6 mu in the vicinity of the church at the Tuanchengshan Park on the west bank of the Ci Lake in accordance with the law and compensated the relevant persons for the expropriation. Zhang A (here and below, given name withheld), a resident of the Hangzhou East Road Community, continued to build construction on the land that had been expropriated without planning approval and land use formalities and fenced, fertilized and farmed the fish pond. The wrongful act continued and was not effectively abated until 2018. The act caused serious damage to the overall planning of the Ci Lake Beauty Spot, resulted in pollution and lowered the water quality of the Ci Lake, and led to damage to the ecology and environment of the Ci Lake. 磁湖位于湖北省黄石市市区,水域面积约10平方公里。1997年,磁湖风景区经省政府批准定为省级风景名胜区。2004年,为改善和美化磁湖风景区建设,黄石市政府依法征收了位于磁湖西岸团城山公园教堂附近的15.5亩鱼塘和1.6亩菜地,并对相关人员作出了征地补偿。杭州东路社区居民张某,在未取得规划审批和用地手续的情况下,仍持续在已被征收的土地上擅自搭建建筑物,并在鱼塘中围栏投肥养殖。该违法行为一直持续到2018年仍未被有效制止,严重破坏了磁湖风景区的整体规划,对磁湖的水质造成了污染,破坏了磁湖水域的生态环境。
Investigating and supervising the performance of duties 【调查和督促履职】
In May 2018, the Huangshi City Procuratorate discovered the clue and designated the Xisaishan District Procuratorate to exercise jurisdiction. As investigated, there were many administrative agencies involved in the demolition of illegal construction and the recovery of the occupied fish pond, including the Landscape Bureau, the Planning Bureau, the Land and Resources Bureau, and the Water Resources and Aquatic Products Bureau of Huangshi City and the Xialu District Urban Administrative and Law Enforcement Bureau. The authorities faced a problem of unclear administrative authority and overlapped jurisdictions. In May 2018, the Land and Resources Bureau of Huangshi City and the Xialu District Urban Administrative and Law Enforcement Bureau took the initiative to contact with the City Procuratorate, requesting the procuratorial authority to intervene through administrative public interest litigation, procure the administrative agencies to join law enforcement forces, and thoroughly resolve this law enforcement problem that had been prolonged for years. In the middle and late May, the Xisaishan District Procuratorate issued procuratorial recommendations respectively to the five administrative agencies including the city's Landscape Bureau, urging them to perform their duties according to the law, punish Zhang's illegal act, and take measures to eliminate the adverse effects on the Ci Lake and the beauty spot. 2018年5月,黄石市检察院发现该线索后,指定西塞山区检察院管辖。经调查,要拆除违法建筑和收回被占用的鱼塘涉及的行政机关众多,包括黄石市园林局、市规划局、市国土局、市水利水产局、下陆区城管局等,而且各部门之间存在着管理权限不清、多头难管的问题。2018年5月,黄石市国土局和下陆区城管局主动与市检察院对接,请求检察机关通过行政公益诉讼介入,促成行政机关形成执法合力,彻底破解这一困扰多年的执法难题。5月中下旬,西塞山区检察院向市园林局等五家行政单位分别发出检察建议,督促其依法履职,对张某的违法行为进行处理,采取治理措施消除对磁湖和风景区的不利影响。
After receiving the procuratorial recommendations, the five administrative agencies convened a joint meeting for administrative law enforcement to prepare for joint law enforcement action. On July 26, the Xialu District Urban Administrative and Law Enforcement Bureau, together with the Land and Resources Bureau, the Planning Bureau, the Landscape Bureau, and the Water Resources and Aquatic Products Bureau of Huangshi City, conducted joint law enforcement. Through more than five hours' efforts by more than 150 law enforcement officers, the illegal construction that had existed for 14 years and fishing nets for fertilizer spreading and fish farming were all demolished according to the law. 收到检察建议后,五家行政机关召开行政执法联席会议,制定联合执法行动。7月26日,下陆区城管局联合黄石市国土局、规划局、园林局以及水利水产局开展联合执法,经过150余名执法人员连续5个多小时的作业,存续14年之久的违法建筑和投肥养鱼用的渔网全部被依法拆除。
Guiding significance 【指导意义】
Since being determined as a region under the pilot program of public interest litigation, the procuratorial authorities in Huangshi had continuously increased the efforts to advance and publicize public interest litigation and received great recognition and support from the municipal party committee, the municipal government and other administrative agencies. With a full understanding of the functional role of public interest litigation, the administrative agencies voluntarily requested the procuratorial authorities to intervene. Through its function and role of public interest litigation, the procuratorial authority issued pre-litigation procuratorial recommendations to the five administrative agencies, procured the administrative agencies to conduct joint law enforcement, broke the deadlock among the "five administrative agencies" that lasted for 14 years, and resolved the administrative law enforcement problem. 自被确定为公益诉讼试点地区后,黄石检察机关不断加大对公益诉讼的推进和宣传工作,得到了市委、市政府以及其他行政机关的大力认可和支持。行政机关在充分认识到公益诉讼的职能作用后,主动要求检察机关介入。检察机关通过公益诉讼职能作用的发挥,向五家行政机关发出诉前检察建议,促成了行政机关的联合执法,打破了持续了14年之久的“五龙治水”的僵局,破解了行政执法难题。
In this case, though public interest litigation work, the procuratorial authority not only resolved the ancient ecological and environmental problem in the Ci Lake, but also enabled the administrative agencies to profoundly understand that the procuratorial public interest litigation and administrative law enforcement were common in goals and that public interest litigation was both supervisory and contributory, was an effective means to achieve a win-win situation for administrative agencies, judicial authorities, and public welfare, played a positive role in promoting the four major actions of the municipal government to comprehensively protect the Yangtze River: "clear water, green shore, clean production, and smooth flow," and received commendations from the general public. 本案中,检察机关通过公益诉讼工作,不仅消除了磁湖生态环境问题的沉疴顽疾,而且让行政机关深刻地体会到,检察公益诉讼与行政执法行为在目标上是一致的,公益诉讼既是监督,也是助力,是实现行政机关、司法机关、社会公益多赢、共赢的有效途径,对市政府全面开展长江大保护“碧水、绿岸、洁产、畅流”四大行动起到了积极的推动作用,赢得了人民群众的赞赏。
3. 3、
Case concerning public interest litigation for food safety against third-party online catering service platforms in Haidian District, Beijing 北京市海淀区网络餐饮服务第三方平台食品安全公益诉讼案
Keywords 【关键词】
Procedures before administrative public interest litigation; regulation of online catering services; special overhaul; rule building 行政公益诉讼诉前程序 网络餐饮服务监管 专项整治 制度化建设
Key point 【要旨】
For problems such as the illegal operation by online catering service providers, lax management rules of third-party online catering service platforms, and ineffective regulation of online platforms by administrative agencies, the procuratorial authorities may, by the procuratorial function and role of public interest litigation, supervise administrative agencies performing their regulatory duties according to the law and cleanse the online catering environment. 对于入网餐饮服务提供者违法经营、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,检察机关可通过发挥公益诉讼诉检察职能作用,督促行政机关依法履行监管职责,净化网络餐饮环境。
Basic facts 【基本案情】
The Haidian District People's Procuratorate of Beijing discovered in the performance of duties that on third-party online catering service platforms based in Haidian District such as "Baidu Waimai," "Meituan" and "Baidu Nuomi," catering service providers illegally provided online catering services, primarily including, in violation of the relevant provisions of China's E-commerce Law, engaging in unlicensed business practices, having no physical business stores, and failing to publishing and updating information as required. Third-party online catering service platforms failed to fulfill their obligations to review and monitor the above-mentioned illegal acts and publish and promptly update information. The Haidian District Food and Drug Administration failed to exercise regulation with respect to the aforesaid problems and need to strengthen its lawful performance of duties. 北京市海淀区人民检察院在履职中发现,经营地位于海淀区的“百度外卖”“美团”“百度糯米”等网络餐饮服务第三方平台上,入网餐饮服务提供者存在违法提供网络餐饮服务的行为,主要表现在违反我国《电子商务法》相关规定,从事无许可经营行为、不具有实体经营门店、未按要求进行信息公示和更新等。同时,网络餐饮服务第三方平台提供者对上述违法行为未履行审查、监测义务,以及公示、及时更新信息义务。海淀区食品药品监督管理局对以上问题存在监管漏洞,依法履职有待加强。
Investigating and supervising the performance of duties 【调查和督促履职】
The Haidian District Procuratorate issued pre-litigation procuratorial recommendations to the Haidian District Food and Drug Administration in accordance with the law, respectively in respect of third-party online catering service platforms and online catering service providers violating the law and injuring the public interest, and required it to perform its regulatory duties according to the law and supervise law-breaking platforms and merchants taking corrective action as soon as possible. After receiving the procuratorial recommendations, the Administration quickly organized verification and disposition and organized and launched a two-month special food safety overhaul of online catering services. By convening special deployment meetings, interviewing persons in charge of the online food ordering platforms, conducting online and offline verification and disposition in a centralized manner, comprehensively remedying the online catering service platforms, and other means, a total of 3,218 non-compliance merchants were removed from the platforms, 5,203 merchants resolved various problems in information publication, and 14 cases were filed (including five cases concerning the illegal acts that online ordering platforms failed to fulfill their primary responsibility, seven cases concerning failure to publish food business licenses as required, one case concerning unlicensed business, and one case concerning online business beyond scope). In the process of case handling, the Haidian District Procuratorate and the District Food and Drug Administration focused on the establishment of a permanent mechanism and actively advanced the “sunshine catering” process of third-party platforms. The District Food and Drug Administration issued the Measures of the Haidian District Food and Drug Administration of Beijing for Processing Procuratorial Recommendations from People's Procuratorates (for Trial Implementation), the first of its kind in the city regarding supervision by administrative public interest litigation, so as to ensure that the procedures are well-regulated and based on regimes. 海淀区检察院分别针对网络餐饮服务第三方平台提供者及入网餐饮服务提供者违法并侵害公共利益的行为,依法向海淀区食品药品监督管理局发出诉前检察建议,要求其依法履行监督职责,督促违法平台及商家尽快整改。该局收到检察建议书后,迅速组织核查处置工作,并组织开展了为期两个月的网络餐饮食品安全专项整治工作。通过召开专题部署会、约谈网络订餐平台负责人、集中开展线上线下核查处置、对网络餐饮平台进行全面整改等方式,共下线问题商户3218家,规范各种信息公示问题5203家、立案14件(网络订餐平台未落实主体责任的违法行为5件,未按规定公示食品经营许可证7件,无证经营1件,网络超范围经营1件)。在办案过程中,海淀区检察院与区食品药品监督管理局着眼于长效机制建设,积极推进第三方平台“阳光餐饮”进程,此外,区食品药品监督管理局针对行政公益诉讼监督出台了全市首份《北京市海淀区食品药品监督管理局人民检察院检察建议书办理办法(试行)》,确保办理程序规范化、制度化。
Guiding significance 【指导意义】
"People rely on food, and food safety is a top priority." With the rapid development of China's Internet economy, emerging business types such as "Internet plus catering services" grew rapidly. Online catering services promoted the development of the catering industry and facilitated the general public in life, but the wrongful conduct and management loopholes in such services could not be ignored. In the public interest litigation work, procuratorial authorities and administrative agencies had the same goals, and through procuratorial recommendations before administrative public interest litigation, they were able to join forces to resolve problems in the community that received much publicity. Located in one of the places of business of third-party online catering service platforms such as "Baidu Waimai," "Meituan" and "Baidu Nuomi," Haidian District Food and Drug Administration had material responsibility and after receiving the procuratorial recommendations from the procuratorial authority, actively adopted measures to remove more than 3,000 non-compliance merchants from the platforms, making significant achievements. The “Sunshine Catering” third-party platforms jointly established by the Haidian District Procuratorate and the District Food and Drug Administration were of great significance for the effective maintenance of the sound development of online catering services in the district and even the whole country. “民以食为天,食以安为先”。随着我国互联网经济的迅猛发展,“互联网+餐饮服务”等新兴业态快速增长。网络餐饮服务促进了餐饮业的发展,方便了人们的生活,但其中存在的违法行为和管理漏洞不容忽视。在公益诉讼工作中,检察机关与行政机关目标一致,通过行政公益诉讼诉前检察建议,两者能够形成合力,共同解决群众反映强烈的社会问题。作为“百度外卖”“美团”“百度糯米”等网络餐饮服务第三方平台的经营地之一,海淀区食品药品监督管理局责任重大,在收到检察机关检察建议后,其积极采取措施,下线问题商户3000余家,成效显著。海淀区检察院与区食品药品监督管理局共同建设的“阳光餐饮”第三方平台,对于切实维护全区乃至全国网络餐饮服务健康发展均具有重要意义。
4. 4、
Case concerning public interest litigation for food safety in the vicinity of the schools in Zhongning County, Ningxia Hui Autonomous Region 宁夏回族自治区中宁县校园周边食品安全公益诉讼案
Keywords 【关键词】
Procedures before administrative public interest litigation; food safety in the vicinity of schools; and comprehensive overhaul 行政公益诉讼诉前程序 校园周边食品安全 全面整治
Key point 【要旨】
With respect to the persistent problems such as sale of "unlabeled" food by stores and vendors in the vicinity of schools and related latent risk of food hygiene and safety, procuratorial authorities may supervise relevant administrative agencies performing supervisory and administrative duties through procedures before administrative public interest litigation, so as to effectively protect the food safety for minors. 针对校园周边商店、小卖部售卖“三无”食品及相关食品卫生安全隐患等顽疾,检察机关可通过公益诉讼诉前程序督促相关行政部门履行监督管理职责,切实保障未成年人“舌尖上的安全”。
Basic facts 【基本案情】
A primary school student in Zhongning County bought food from a store in the vicinity of the primary school and suffered from food poisoning, causing public concern. When performing its duties, the Zhongning County People's Procuratorate discovered that 60 stores and vendors in the vicinity of more than 40 primary and secondary schools in the county had problems to different extent such as sale of food and beverages that were expired or bore no date of production or producer and the circumstances that certain stores had no food business licenses and that certain store owners had no health certificates or had expired health certificates. The Zhongning County Administration for Market Regulation had the responsibility for supervising and administering the food hygiene and safety in the vicinity of schools according to the law. 中宁县某小学学生因购买校园周边小商店的食品而引发中毒事件引发社会关切。中宁县人民检察院在履职中发现全县40余所中、小学校附近60家商店、小卖部,不同程度存在销售超保质期、无生产日期、来源不清的食品、饮料等问题,一些商店还存在未办理食品经营许可证、部分商店经营者未办理健康证或健康证过期等情况。中宁县市场监督管理局对校园周边食品卫生安全依法具有监督管理责任。
Investigating and supervising the performance of duties 【调查和督促履职】
Through on-site inspection, investigation, interview and evidence collection, the Zhongning County Procuratorate issued pre-litigation procuratorial recommendations to the Zhongning County Administration for Market Regulation in June 2018, requiring it to perform its duties according to the law, increase the efforts to supervise and inspect the food safety on campus and in the vicinity of schools, prevent foods lacking conformity with safety standards from appearing in the vicinity of schools and the remainder of the county, promptly supervise operators without food business licenses or health certificates applying for relevant licenses and certificates, and investigate and lawfully dispose of the non-compliance beverages discovered by the procuratorate. 通过实地检查、调查询问调查取证,中宁县检察院于2018年6月向中宁县市场监督管理局发出诉前检察建议,要求该局依法履行职责,加强校园及周边食品安全监督检查力度,杜绝不符合安全标准的食品出现在校园周围及全县其它地区,及时督促未办理食品经营许可证及健康证的经营者办理相关证照,对检察院发现的问题饮料查清后依法处理。
After receiving the procuratorial recommendations, the Zhongning County Administration for Market Regulation quickly acted, conducted special overhaul activities as to urban-rural fringe areas, school canteens, the vicinity of schools and the like, and focused on conducting supervisory inspection and special overhaul in respect of grain, oil, dairy products, soy products and beverages, among others. The Zhongning County Administration for Market Regulation inspected 2,348 food businesses (or conducted 2,348 inspections on them) and 292 food processors, issued notices of ordering corrective action to 16 businesses with sub-standard hygienic conditions, seized and confiscated 1,325 bags of expired, unlabeled or otherwise sub-standard foods, of 23 varieties, weighing 153 kilograms, and inspected 843 catering entities, 72 food providing schools, 35 kindergartens, and 4,659 practitioners, with 224 notices of ordering corrective action issued. For the non-compliance beverages discovered by the Zhongning Procuratorate, the Zhongning County Administration for Market Regulation located the place where the beverages were produced and processed based the producer address indicated in the beverage packaging and discovered that the person in charge of the processing workshop engaged in beverage production and processing activities without any license and that the products bore no marks or labels indicating date of production, date of expiration and so forth. The law enforcement officers seized the non-compliance beverages, raw materials for beverage production and packaging on site, sealed the place of processing, and imposed administrative punishment on the person in charge of the place of processing.
......
 收到检察建议后,中宁县市场监督管理局迅速行动,开展城乡结合部、学校食堂、校园周边等专项整治活动,重点对粮、油、奶制品、豆制品、饮品等进行监督检查和专项治理。先后检查食品经营单位2348户(次),检查食品加工单位292家,对卫生条件不达标的16家经营户下达责令整改通知书;查获、没收23个品种的过期、无标签标识等不合格食品1325袋153公斤;对843家餐饮单位、72所供餐学校、35所幼儿园、4659名从业人员进行了检查,下达责令整改通知书224份。对中宁检察院发现的问题饮料,中宁县市场监督管理按照饮料包装物上标识的生产地址,查到了该饮料的生产加工点,发现该加工店负责人在未办理任何证照的情况下从事饮料生产、加工活动,且生产的产品无生产日期、保质期等标识标签,执法人员现场对已生产的问题饮料及用于制作饮料的原料、包装物进行了扣押,并将该加工点予以查封,对此加工点的负责人进行了行政处罚。
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