Participate in social governance and solve difficult and pain points based on case handling
"Riding a motorcycle to buy gas, am I selling it or not?"
Enshi, Hubei: Helping to solve the "last mile" problem of canned liquefied gas transportation in rural mountainous areas
Dai Xiaowei Deng Zhengjiao Wang Han
News from this newspaper (Reporter Dai Xiaowei, Correspondent Deng Zhengjiao and Wang Han) Recently, the Procuratorate of Enshi Tujia and Miao Autonomous Prefecture of Hubei Province held a meeting with relevant administrative departments to listen to the procuratorial suggestions for regulating the operation and transportation management of canned liquefied gas issued by the court at the end of September. progress.
And this procuratorial suggestion originated from an appeal by Wan.
"So many people rely on our LPG station for gas supply. They don't have a transportation permit and ride a motorcycle to buy gas. Can I sell it or not? What if something goes wrong?" "Will we sell gas? Delivery to the door is not convenient for the people themselves. How can this problem be solved?” In May 2020, at the 12309 Procuratorate Service Center of Enshi Prefecture Procuratorate, before the receiving prosecutor was seated, the complainant Wanmou began to break the index. Said that he had suffered "injustice" and asked the procuratorial organ to supervise.
It turned out that Wan was a self-employed business owner who operated a liquefied gas station.
In September 2017, he bought a light van to transport canned liquefied gas.
On February 13, 2018, Wan was seized by transportation law enforcement officers during transportation.
Subsequently, the transportation management department ordered him to make corrections and imposed an administrative penalty of 30,000 yuan.
Wan was dissatisfied with this and requested the court to revoke the administrative penalty decision.
After the court of first instance did not support it, Wan filed an appeal. The court of second instance considered that the reason for the appeal was unfounded and did not support it.
Then, Wan applied to the Hubei Provincial Higher Court for a retrial, but it was also rejected.
After review by the undertaking prosecutor Jiang Xiaoqiong, it was found that the liquefied gas station operated by Wan had obtained a gas business license and a gas cylinder filling license, and could operate liquefied petroleum gas, cooking appliances and accessories retail and cylinder leasing business, but did not obtain a road Dangerous goods transportation permit, and canned liquefied petroleum gas is dangerous goods, and the road transportation permit must be obtained according to law.
Therefore, the liquefied gas station is indeed illegal, and the penalties imposed by the transportation management department are within the statutory range. The facts determined by the original trial court are clear, the application of the law is correct, and the trial procedures are legal.
"Behind the small jar is the people's livelihood of the people in the rural mountainous areas. We can't just leave the actual problems of the people behind with a piece of unsupported legal documents." Jiang Xiaoqiong explained the law to Wan Mou on the basis of explanation. Taking into account the actual gas demand of the people in the mountainous areas, it was decided to conduct visits and surveys throughout the prefecture, play the role of the procuratorial organs, and strive to find solutions to the problems that plagued the people in the mountainous areas, and achieve a good effect of handling a case and governance.
After full investigation and understanding in the early stage, in response to the discovered problems in social governance, administrative management, etc., on September 23, 2020, the Enshi Prefecture Procuratorate issued procuratorial recommendations to the transportation management department and the housing construction department respectively, urging the two departments to regulate canning The operation and transportation management of liquefied gas has solved the problem of the "last mile" of canned liquefied gas from the business premises to the homes of ordinary people.
Enshi Transportation Bureau and Housing and Urban-Rural Development Bureau both responded in writing and adopted all procuratorial suggestions.
"We hope that through this good opportunity of procuratorial suggestions, we will work with you to hand in a satisfactory answer to the common people, continuously improve social governance, and jointly promote administration according to law." At the procuratorial suggestion reply meeting, the Enshi Procuratorate was responsible Communicate with the responsible comrades of relevant administrative departments.
"We immediately carried out special rectification across the state, through the online monitoring system and third-party supervision, to investigate potential safety hazards, and strengthen the dynamic monitoring of transportation vehicles. At the same time, we launched special markets in 8 counties and cities regarding the difficulty of gas transportation. Investigation and discussion with gas management and other departments to resolve." Huang Xiuwu, deputy director of Enshi Transportation Bureau, introduced the implementation of procuratorial recommendations.
"Rural areas are the shortcomings and weaknesses of our management. After receiving procuratorial advice, we hired industry experts and set up 4 special work classes to conduct research and supervision on 37 liquefied gas companies. At present, we are vigorously promoting canned liquefaction Through the installation of QR codes, more than 323,000 steel cylinders in the prefecture have confirmed their registered residences and ID cards, and the entire industry management has a new atmosphere." Yuan Yanqi, deputy director of the Enshi State Housing and Urban-Rural Development Bureau, said .