China News Service, December 24. According to the Supreme People’s Procuratorate’s website, on December 24, the Supreme People’s Procuratorate and China National Railway Group Co., Ltd. jointly issued 10 typical cases of public interest litigation in the field of railway safety production, which broadened cases in related fields for local prosecutors Clues, increase the intensity of case handling, and provide guidelines for standardizing case handling.
The typical cases released this time are:
1. An administrative public interest litigation case involving an overpass over the railway in Yongfu County, Guangxi Zhuang Autonomous Region, which endangers the safety of railway operation
【Key words】
Administrative public interest litigation pre-litigation procedures Overpass over railways on highways Realistic danger of infringement Follow-up supervision
【gist】
In response to the hidden safety hazards of overpasses on the highway, the procuratorial agency urged the administrative agency to actively perform its duties and due diligence through pre-litigation procuratorial recommendations, and continue to follow up and supervise to effectively ensure "safety on wheels."
[Basic case]
In February 2018, the G322 national highway and two new highway overpasses near the Xianggui Railway in Chaoshui Village, Guangfu Township, Yongfu County, Guangxi Zhuang Autonomous Region, opened to traffic, but two old highway overpasses located near the G322 national highway Synchronous removal is not required.
Due to the long-term lack of management and maintenance, the concrete railings of the two old bridges were broken in many places, and the fractured surfaces of the railings were inclined to the railway. There was a major risk of railway traffic accidents caused by bridge collapse.
The railway department has repeatedly sent letters to the local government and functional departments for communication and coordination. Because different regulatory departments are involved and the responsibilities of all parties are intertwined, the two old bridges have not been demolished, which seriously endangers the safety of railway operation.
[Investigation and Supervision of Duty Performance]
The Nanning Railway Transport Branch of the People’s Procuratorate of Guangxi Zhuang Autonomous Region (hereinafter referred to as Nanning Railway Inspection Branch) is carrying out the "Special Activities to Promote the Resolution of Potential Safety Hazards Under Railway Lines". The former Nanning Railway Bureau (now renamed as China Railway Nanning Bureau Group Co., Ltd. Nanning Bureau Group Company) transferred the clue to the procuratorial organ for help.
In July 2019, under the supervision and promotion of Nanning Railway Inspection Branch, Guangzhou Railway Supervision and Administration Bureau, together with Nanning Bureau Group Company, and Guangxi Zhuang Autonomous Region Transportation Department, Autonomous Region Railway Protection Leading Group Office (hereinafter referred to as the Road Protection Office), Yongfu The county people's government and other units sent personnel to the site to conduct on-site inspections and convened an on-site coordination meeting. All parties at the meeting agreed to dismantle the two old bridges to completely eliminate potential safety hazards.
However, as of October 2019, the demolition of the old bridge has not yet been carried out, and the hidden dangers of railway operation safety still exist.
On November 25, 2019, Nanning Railway Inspection Branch officially filed an administrative public interest litigation.
The investigators went to the scene again to conduct on-site surveys, comparisons and verifications, and took drone shots, and obtained relevant evidence materials from the Yongfu County People’s Government and its functional departments, Guangzhou Railway Supervision and Administration Bureau and other railway departments, to discuss the hidden safety hazards of the old bridge Specially consult the professional and technical personnel of the railway department.
During the investigation, it was found that there are 25 pairs of passenger and freight trains passing by the line every day, which can easily cause serious railway traffic accidents.
In November 2017, when a large truck drove over one of the dangerous bridges in violation of regulations, it accidentally slipped into the railway side ditch and intruded into the line, and it collided with the passenger train passing under the bridge, causing the railway line to be interrupted for nearly 7 hours Serious accident.
On December 23, 2019, the Nanning Railway Inspection Branch issued a pre-litigation procuratorial proposal to the People's Government of Yongfu County, urging it to fully perform the duties of railway protection and safety management in accordance with the law.
After receiving the procuratorial proposal, the Yongfu County People’s Government attached great importance to it, and the leaders in charge of the county government immediately stated that “accept all orders, strongly support, fully cooperate, and in-depth rectification”, coordinate power outages, traffic control, etc., and cooperate with construction units. Successfully demolished two old bridges, cleaned the site and closed the original old bridge passages.
Nanning Railway Inspection Branch “looked back” through public interest litigation and followed up and supervised, and found that two old bridges had been successfully demolished. The two ends of the old bridge were closed with 1.8-meter-high retaining walls, and a “no access” warning was set up. The sign completely eliminated two hidden railway safety hazards.
The Nanning Railway Inspection Branch took the opportunity to handle the case and established a joint mechanism for managing enterprises according to law and inspecting enterprises with Nanning Bureau Group Company, and signed the "Regular Notification of Outstanding Hazards in Off-Road Safety Environment and Joint Inspection and Governance to Promote Public Interest Litigation System."
Promote Nanning Bureau Group Corporation to transfer 106 highway over-rail bridges in its jurisdiction to relevant local government departments for territorial management, supervise local administrative agencies to invest more than 13.11 million yuan in remediation of highway over-rail bridges, and promote solutions to the Xianggui Line, Nanfang Line, and Yutie Line Wait for the safety hazards of 5 highways crossing railway bridges.
For three consecutive years, the Autonomous Region Road Protection Office has included support and cooperation with procuratorial organs in carrying out "special actions to promote the resolution of hidden safety hazards under railway lines" and related public interest litigation activities into its main work.
[Typical significance]
Due to historical and practical factors such as ownership division, transfer procedures, and other historical and practical factors, the upper-span railway overpass has regulatory difficulties that cross local administrative regions, cross-railway supervision and management institutions, and cross-railway bureau jurisdictions.
In this case, the procuratorial agency issued pre-litigation procuratorial recommendations in accordance with the law in response to the actual risk of infringements on the two dangerous bridges, the intertwined responsibilities of all parties, and the failure of the administrative agency to fully perform their duties. The problem of dangerous bridges affecting the safety of railway operation has been fully affirmed by the railway department, who believes that it "plays an irreplaceable role for other functional departments and railway enterprises" and achieves a win-win, multi-win and win-win case effect.
2. An administrative public interest litigation case in Xiaogan City, Hubei Province that jeopardizes the safety of high-speed rail operation by planning permission for illegal construction projects
【Key words】
Administrative public interest litigation pre-litigation procedures, building concession railway distance standards, construction project planning permission, preventive public interest litigation
【gist】
Prosecutors urged administrative agencies to revoke illegal construction project planning permits and put forward social governance procuratorial recommendations to urge administrative agencies to clean up normative documents in response to problems such as the safety distance of building retreat railways and the intrusion of residential walls into railway line safety protection areas. Strictly regulate the approval of railway-related construction planning permits.
[Basic case]
In 2019, Wuhan Yuhao Real Estate Co., Ltd. (hereinafter referred to as Wuhan Yuhao Company) obtained the construction project planning permit issued by the Xiaonan District Natural Resources and Planning Bureau of Xiaogan City (hereinafter referred to as Xiaonan District Planning Bureau). The construction and housing project on the east side of the Xiaogan East Bridge on the Wuxiao Intercity Railway in the Development Zone has been developed. The depth of the excavated foundation pit at the construction site is about 7 meters.
After the completion of the plan, the main building has 26 floors and is 78.3 meters high. The building is only 14.89 meters away from the outside of the railway bridge, which is far lower than the "Technical Regulations for the Preparation of Regulatory Detailed Planning of Hubei Province". standard.
At the same time, the surrounding wall of the residential area is only 8.76 meters away from the outside of the railway bridge, which does not reach the 12 meters distance stipulated in the "Railway Safety Management Regulations", invading the railway line safety protection zone.
According to the project plan, the residential building after completion will be too close to the Wuxiao intercity railway line, which will cause double safety hazards to the operation of the high-speed railway and the lives of the people. On the one hand, the construction of foundation pit excavation and piling during construction may affect the railway bridge Stability, seriously endangering the safety of high-speed rail operation.
On the other hand, the noise and vibration generated during the operation of high-speed rail will also disturb the peaceful life of residents.
[Investigation and Supervision of Duty Performance]
In May 2020, the Wuhan Railway Transport Procuratorate (hereinafter referred to as Wuhan Railway Inspection Institute) found the clue through the clue transfer information sharing platform established with China Railway Wuhan Bureau Group Co., Ltd. (hereinafter referred to as Wuhan Bureau Group Company) Wuhan High-speed Railway Engineering Section, and The case was formally filed on May 27.
After investigation and verification, the Xiaonan District Planning Bureau used the method of calculating the distance from the railway center line when making the aforementioned construction project planning permission, instead of the legal method of calculating from the outside of the railway bridge, resulting in the actual concession distance of the planning scheme being only 14.89 meters , Well below the prescribed standard of 20 meters.
It was also found that the Planning Bureau of Xiaonan District had sent a letter to Hubei Intercity Railway Co., Ltd. before issuing the construction planning permit. The company responded in writing that the design and construction of related construction projects along the line had been opened. The plan shall be approved by Wuhan Bureau Group Company and signed a safety agreement, and the enterprise shall implement safety supervision on the construction site before construction can be carried out.
However, the bureau did not submit the planning and construction plan to Wuhan Bureau Group Company for review.
On June 17, 2020, the Wuhan Railway Inspection Institute issued a pre-litigation procuratorial proposal to the Xiaonan District Planning Bureau according to law, pointing out its problems in the construction project planning permit, and recommending that it strictly follow the relevant laws and regulations to cancel the construction The project planning permit ensures the safety of high-speed rail transportation and safeguards the national and social public interests.
After issuing procuratorial recommendations, Wuhan Railway Inspection Institute held a face-to-face meeting with Xiaonan District Planning Bureau on July 23, 2020 to further exchange opinions and reach consensus.
On July 28 of the same year, Xiaonan District Planning Bureau made a written reply to Wuhan Railway Inspection Institute, stating that it had established a special work class, held several special research meetings, formulated rectification measures, revoked the aforementioned construction project planning permission, and guided Wuhan Yu Hao Company re-applied for construction project planning permission.
The new planning permission will strictly abide by the requirements of relevant laws and regulations, and be submitted to the Wuhan Bureau Group Company for review and approval before being issued.
During the handling of the case, the Wuhan Railway Inspection Institute also found that the "Xiaogan City Urban Planning and Management Technical Regulations (2018 Trial Draft)" stipulated that the distance between buildings and railways was 12 meters, which was not only far below the legal 20 meters, but also not up to the current high-speed rail Safety standards may mislead the actual work of planning departments in the jurisdiction.
Therefore, the Wuhan Railway Inspection Institute issued a social governance inspection proposal to the Xiaogan City Natural Resources and Planning Bureau, which formulated the above regulations, and recommended it to jointly demonstrate with the relevant authorities of Xiaogan City and the railway authority and formulate legal and reasonable technology with reference to the relevant regulations of Hubei Province. Standards are issued and implemented.
At present, the Bureau of Natural Resources and Planning of Xiaogan City has clearly informed the planning departments of the jurisdiction that the trial draft will no longer be applied in specific work and shall be implemented in strict accordance with the standards of relevant laws and regulations.
[Typical significance]
In this case, the procuratorial organ paid attention to the concept of risk prevention in the handling of public interest litigation, treating both the end and the front end, preventing disease before it happened.
In response to problems such as the possibility of invading the railway line safety protection zone for real estate projects that have been planned and not yet under construction, pre-litigation prosecution recommendations were issued from the perspective of preventive public interest litigation, and administrative agencies were urged to revoke illegal planning permits, which not only eliminated high-speed rail operation safety from the source Hidden dangers have also avoided the huge economic costs required for remediation after the building is completed and "the rice is cooked".
On the other hand, combined with the problems found in the handling of the case, it issued social governance procuratorial recommendations to the higher-level planning department that made the planning permission, urged it to clean up and improve relevant technical regulations, fundamentally prevent the recurrence of similar problems, and achieve the goal of handling one case and managing On the one hand, the effect of education.
3. Administrative public interest litigation case of illegally stocking horses in the no-grazing area of Zhongning County, Ningxia Hui Autonomous Region, jeopardizing the safety of desert railway operation
【Key words】
Administrative public interest litigation pre-litigation procedures Foreign body intrusion limit Railway line safety protection zone Desert railway ecological protection Public announcement
【gist】
Prosecutors urged and coordinated government agencies, railway departments, and horse-raising villagers to participate in governance in response to the intrusion of horses in the no-grazing area into the railway line safety protection zone or even force the suspension of trains, so as to eliminate hidden safety hazards along the railway and promote the ecology along the desert railway. Environmental governance.
[Basic case]
The Baolan Railway is the first desert railway in China.
In the past two years, there have been many accidents involving villagers crossing the railway and forced trains to stop after crossing the railway from Shikong Town to Yuding Township in Zhongning County of Baolan Railway. In particular, from April 2019 to May 2020, according to incomplete statistics, there have been at least There were 14 dangerous situations where horses were eating grass and crossing along the railway, and there were 3 incidents of forced stopping of trains, which seriously violated the relevant provisions of the "Railway Safety Management Regulations", not only destroying the ecological environment along the desert railway, but also seriously affecting the safety of railway traffic.
[Investigation and Supervision of Duty Performance]
In April 2020, the Lanzhou Railway Transport Branch of the People’s Procuratorate of Gansu Province (hereinafter referred to as the Lanzhou Railway Inspection Branch) carried out the "Three-Year Activities for the Special Rectification of Safe Production of General-speed Railways in Service Guarantee". China Railway Lanzhou Bureau Group Co., Ltd. (hereinafter referred to as Lanzhou) Bureau Group Company) Yinchuan Public Works Section reported the clue to the Yinchuan Railway Transport Procuratorate under the jurisdiction of Lanzhou Railway Inspection Branch (hereinafter referred to as Yinchuan Railway Inspection Institute).
After investigation, Yinchuan Railway Inspection Institute found that the horses in the area involved were mainly raised by villagers in Jinsha Village, Yuding Township, Zhongning County. The People's Government of Yuding Township and the Natural Resources Bureau of Zhongning County have administrative supervision duties for grazing in the no-grazing area.
On May 22, 2020, Yinchuan Railway Inspection Court formally filed an administrative public interest lawsuit against the Zhongning County Natural Resources Bureau and the Zhongning County Yuding Township Government.
On May 29 of the same year, the institute and the Road Protection Office of Zhongning County Politics and Law Committee co-chaired a safety hazard rectification promotion meeting. The Road Protection Office of Ningxia Hui Autonomous Region, the Yinchuan Construction Section of the Lanzhou Bureau Group Company, the Natural Resources Bureau of Zhongning County, the Yuding Township Government and 4 cadres of the village committee including Jinsha Village and more than 20 representatives of the horse-raising villagers attended the meeting.
The Yinchuan Railway Procuratorate publicly read out and served the pre-litigation procuratorial recommendations to the Zhongning County Natural Resources Bureau and the Yuding Township Government at the meeting, recommending that it perform the duties of grazing prohibition and enclosure management and protection in accordance with the law, penalize those who violate the prohibition of herders, and be a good villager Educational supervision.
Strengthen the daily communication with the railway department, promptly discover and eliminate hidden dangers affecting railway safety.
The Natural Resources Bureau of Zhongning County and the Yuding Township Government promised to increase supervision and penalties to eliminate hidden railway safety hazards.
At the same time, the procuratorial organs also carried out on-site legal propaganda to villagers based on railway safety accident cases and pictures.
The villagers signed a letter of commitment on the spot and promised to send their horses to the neighboring Inner Mongolia pastoral area for foster care or sale as soon as possible. Those who cannot be dealt with in time will be kept in captivity, and they will not be grazing freely within the railway line safety protection zone.
Subsequently, the Natural Resources Bureau of Zhongning County and the Yuding Township Government jointly launched a two-month special clean-up campaign to rectify herding. A total of more than 150 times were dispatched to conduct dragnet inspections along the Baolan Railway to remove nomadic horses and free-range sheep. Only, more than 2,600 sheep and 13 horses were arrested and fined 24,000 yuan.
At the same time, strengthen the education of agricultural personnel along the route, and take measures in accordance with the law against herders who steal, graze, and graze herders, and urge them to go down the mountain and raise them in houses or put them on the market.
The Yuding Township government organized personnel to investigate the horse breeders in the township one by one, signed 18 copies of the ban on grazing and safety responsibility management, and issued more than 200 color pages of related laws and regulations to publicize the legal consequences of illegal grazing and endangering railway safety.
The County Natural Resources Bureau has established a long-term joint inspection mechanism with all towns and towns, established a joint inspection team, organized grid personnel to increase inspections, and timely feedback the relevant situation to the railway department to ensure that the grazing prohibition, ecological protection, and railway safety goals are fully realized .
Up to now, there has been no situation in this section that endangers the safety of railway operations such as horses forcing the train to stop.
[Typical significance]
The intrusion of animals into the railway construction limits stipulated by the state is a manifestation of the hidden dangers of the external environmental safety of the "foreign body intrusion limit" type of railway.
In this case, some herders kept their horses in the no-grazing area and invaded the railway line safety protection zone, which not only violated the local laws and regulations of prohibiting grazing and breeding, but also seriously endangered the safety of railway traffic.
The procuratorial organs invited the provincial and county political and legal committees to participate in the hidden danger rectification promotion meeting, urged the administrative organs to fulfill the supervision responsibility of prohibiting grazing, protecting the ecology, and protecting the safety of railway transportation, and promoted the joint efforts of multiple departments to carry out special clearance.
At the same time, conduct legal publicity in conjunction with case handling, focus on protecting herdsmen’s legal increase in income, prompt local governments to make proper arrangements for herders’ legitimate interests, reach consensus in daily supervision, publicity and education, and effectively protect basic people’s livelihoods and promote comprehensive social governance.
4. Administrative public interest litigation case involving trees invading the safety protection area of overhead power lines in a residential area in Nanjing City, Jiangsu Province, which endangers the safety of railway operation
【Key words】
Administrative public interest litigation pre-litigation procedures Foreign body intrusion limit Overhead power line safety protection area supervision of cases
【gist】
The procuratorial organs aimed at the hidden dangers of trees invading the railway line safety protection zone in residential communities, taking into account the protection of railway safety public welfare and the protection of community residents’ private interests, not only urging the administrative organs to perform their duties in accordance with the law, promoting the resolution of hidden railway safety hazards, but also focusing on promoting society through supervision of similar cases Comprehensive governance.
[Basic case]
A community in Xuanwu District, Nanjing City, Jiangsu Province was built more than ten years ago. There are three residential buildings close to the Beijing-Shanghai Railway. When the community was built, the property was built to prevent dust and noise. More than 40 small poplar trees were planted near the railway wall.
More than ten years later, the small poplar tree has grown into a tall tree over 20 meters high, with some branches and leaves extending over the fence to the railway.
The distance between the tree and the railway is less than 10 meters, the closest distance between the tree and the line center is about 8.5 meters, and the minimum distance between the branches and the charged objects is only 1.2 meters. This violates the relevant regulations on the safety distance of the railway line safety protection zone and the overhead power line safety protection zone, and endangers The safety of power facilities not only poses safety hazards to the operation of the Beijing-Shanghai Railway, but also affects the lives and property safety of surrounding residents.
[Investigation and Supervision of Duty Performance]
In July 2020, China Railway Electrified Railway Operation Management Co., Ltd. (hereinafter referred to as China Railway Electrified Transportation Management Company) Shanghai Maintenance Office Nanjing Maintenance Section transferred the clues to the Nanjing Railway Transport Procuratorate (hereinafter referred to as Nanjing Railway Inspection Institute), and the court conducted a review of the clues. After on-site verification, it was decided to open a case for investigation.
After investigation, the Nanjing maintenance section began to rectify the hidden dangers of dangerous trees here in early 2015, but because the owners did not understand and did not support them, some owners believed that planting trees in the community to prevent dust and noise is their legitimate rights and interests. The problem has gone through 5 years. It has not been effectively resolved for a long time.
According to the relevant provisions of the "Regulations on Railway Safety Management" and "Regulations on the Protection of Power Facilities", the range of the safety protection zone for high-speed railways in urban areas is 10 meters.
The edge extension distance of the 1-10kV voltage wire is 5 meters.
According to field measurement, the distance between poplar trees in the community is only 6.3 meters from the foot of the railway embankment, and the minimum distance between branches and railway high-voltage power supply equipment is only 1.2 meters. Once the trees tilt, fall or are affected by wind, it may affect the safety of railway lines or electricity.
On August 5, 2020, the Nanjing Railway Inspection Institute issued a pre-litigation procuratorial recommendation to the Nanjing Municipal Bureau of Greening and Gardening and the Sub-district Office of Suojin Village, Xuanwu District, suggesting that it perform administrative duties in accordance with the law and deal with poplars that endanger railway safety in accordance with the law. Take necessary measures to eliminate potential safety hazards.
After receiving the procuratorial advice, Nanjing Municipal Bureau of Greening and Gardening and Suojin Village Sub-district Office of Xuanwu District attached great importance to it. Under the communication and coordination of Nanjing Railway Inspection Institute, the procuratorial organ, community neighborhood committee and railway department negotiated a governance plan and actively supervised the community. The neighborhood committee of the community where it is located, in conjunction with the community property committee and the property company, gave lectures to residents of the three residential buildings close to the railway, played audio-visual materials such as accident videos, and explained the legal requirements and the seriousness of potential safety hazards.
Through patient and meticulous interpretation of the law, the majority of owners have gained the understanding and support, and signed and approved the governance plan one by one.
According to the regulations of the management plan, the disposal of dangerous trees is bounded by the access roads between the residential buildings, the construction area is divided into three parts, and 34 poplar trees close to the railway are pruned to about 6 meters to ensure that the trees no longer affect the safety of railway traffic , Prune the 12 poplar trees close to the residential building to about 8 meters to prevent dust and noise.
From August 24 to 28, 2020, the railway management unit commissioned a qualified garden company to trim the trees in the community in accordance with the governance plan.
On September 2, Nanjing Railway Inspection Institute went to the scene to follow up and supervise, confirming that the hidden railway safety hazards that lasted for 5 years were resolved.
The railway department stated that it will strengthen daily inspections and monitoring. Once trees are found to be highly hazardous to railway safety, they will be cleaned up in time to eliminate potential safety hazards.
The community and community owners' committees have stated that they will actively cooperate with the railway department in the rectification of potential safety hazards. Once the tree height exceeds the protection red line, it will assist in the tree pruning work.
In the process of handling the case, the Nanjing Railway Inspection Institute insisted on handling the supervision of other types of cases on a case-by-case basis, and conducted a comprehensive investigation of the situation of trees threatening railway safety in Jiangsu Province, and found more than 800 tree problems that threatened railway safety.
At present, the hidden dangers have been classified and dealt with according to the level of hidden dangers, and a long-term working mechanism has been established. Regular railway safety hazard rectification work deployment meetings have been held to understand and follow up on the rectification of hidden hazards, move forward the port of public welfare protection, and effectively serve to ensure the operation of railways. Safety.
[Typical significance]
The dangerous tree problem caused by the intrusion of the branches of trees on both sides of the railway into the railway boundary has become a major hidden danger affecting the safety of railway operation.
In this case, the procuratorial agency, while issuing pre-litigation procuratorial recommendations to the administrative agency in accordance with the law, strengthened communication and coordination with the administrative agency, railway department, and community residents, and paid attention to the interpretation of the law, so that the community residents were transformed from obstacles to the rectification of hidden dangers to railway safety Participants and guardians of the company have not only eliminated the hidden dangers of railway operation for many years, but also ensured to the greatest extent the needs of nearby residents for noise reduction and dust prevention, achieved a harmonious win-win situation for public welfare and private interests, and maximized governance value.
5. Administrative public interest litigation case involving illegal operations in the sand and gravel yard invaded the safety protection zone of overhead power lines and endangering railway operation safety in Hangzhou City, Zhejiang Province
【Key words】
Administrative public interest litigation pre-litigation procedures Illegal operations Foreign body intrusion limits Overhead power line safety protection zone Private economic protection
【gist】
In response to illegal operations along railways that invade the safety protection zone of railway power lines and endanger the safety of railway operation, the procuratorial organs supervise and urge relevant functional departments to fully perform their supervisory duties in accordance with the law, and at the same time coordinate and resolve the actual difficulties of the enterprises involved, and serve to ensure the development of the private economy.
[Basic case]
A gravel quarry of Hangzhou Guorun Municipal Engineering Co., Ltd. (hereinafter referred to as Hangzhou Guorun Company) is located in Kangqiao Street, Gongshu District, Hangzhou City, under the high-voltage wires between the power supply towers of Xuanhang Railway. The insulation of the power contact network is safe The scope is a closed-loop space with power lines on the outermost sides 7 meters horizontally outward and perpendicular to the ground.
During the operation of the sand and gravel yard, there have been cases of intrusion into the safety area of the insulation of the railway overhead power lines all year round, and in January 2019 caused the railway catenary trip accident, causing the train to stop.
After the accident, the Hangzhou Power Supply Section of China Railway Shanghai Bureau Group Co., Ltd. (hereinafter referred to as Shanghai Bureau Group Company) repeatedly communicated with the company and related departments, but the problem was not resolved.
[Investigation and Supervision of Duty Performance]
In November 2019, the Hangzhou Power Supply Section of Shanghai Municipal Group Corporation transferred the clue to the Reporting Center of the Zhejiang Provincial People's Procuratorate, and the Zhejiang Provincial People's Procuratorate handed the clue to the Hangzhou Railway Transport Procuratorate (hereinafter referred to as Hangzhou Railway Procuratorate) for processing.
After receiving the clue, the Hangzhou Railway Procuratorate asked the People's Procuratorate of Gongshu District of Hangzhou City (hereinafter referred to as the Gongshu District Procuratorate) to assist in the investigation. The two courts sent personnel to form a case-handling team to conduct on-site investigations, inquiries and visits.
According to investigations, tens of thousands of cubic meters of sand and gravel were accumulated on site, and large equipment such as excavators and muck trucks were operating under the power line. The distance between the gravel pile and the equipment and the power line did not meet the requirements of the insulation safety range of electrified railways.
At the same time, the sand and gravel plant built a color steel tile house with a length of about 200 meters beside the railway track. The color steel tile is a floating object. It is easy to hang when the wind is strong, touch the overhead power line of the railway and cause electric short circuit, or invade the rail to threaten the safety of railway operation.
The Kangqiao Sub-district Office in Gongshu District, Hangzhou City (hereinafter referred to as the Kangqiao Sub-district Office) failed to fully perform its statutory duties of ensuring the safety of railways in its jurisdiction and the safety of power facilities in the protection area of power facilities.
On December 24, 2019, the Hangzhou Railway Procuratorate formally filed an administrative public interest litigation. With the assistance of the Gongshu District Procuratorate, it successively worked with the Gongshu Branch of the Hangzhou Municipal Planning and Natural Resources Bureau, the Gongshu District Housing and Construction Bureau, and the Kangqiao Street Office. The unit conducts pre-litigation consultations and communicates on potential safety hazards in the sand and gravel yard.
On January 3, 2020, the Hangzhou Railway Inspection Institute issued a pre-procuratorial recommendation to the Kangqiao Sub-district Office, urging it to order Hangzhou Guorun Company to take effective measures to remove the sand making equipment and color steel tiles within the safety range and remove the on-site sand and gravel.
During the period, the procuratorate continued to follow up and supervise and found that the location of the sand and gravel yard was leased by Hangzhou Guorun Company from the local economic cooperative. Some areas in the railway line safety protection zone were leased illegally. The rectification of the site will affect the case. The private enterprise will face heavy economic losses in the normal operation of other legal premises of the enterprise.
In order to ensure the safety of railways and the orderly and healthy development of private enterprises, the procuratorial organs organized a joint meeting between the Kangqiao Street Office, the local economic cooperatives, the Hangzhou Railway Department, and the Hangzhou Guorun Company to hold a joint meeting to conduct multiple rounds of consultations. Urged Hangzhou Guorun Company to fully realize the hidden dangers of its illegal renting and business activities. On the other hand, it actively coordinated to solve the difficulties faced by the enterprise. The local economic cooperative chose a site and arranged another site to be handed over to Hangzhou Guorun Company for continued operation.
On May 18, 2020, the company involved in the case has ordered the site sand and gravel to be removed, dismantled the colored steel tile house, and stopped the operation of the gravel yard. The hidden safety hazard has been completely eliminated.
On the basis of the handling of this case, the Hangzhou Railway Procuratorate and the Gongshu District Procuratorate established a coordination and linkage mechanism, gave full play to their respective advantages, conducted a centralized investigation of hidden dangers along the Gongshu District railway, and handled 7 public interest litigation cases in the field of railway safety production. Good results of one case and one governance.
[Typical significance]
Floating objects such as gravel and colored steel tiles invade the safety protection area of the railway overhead power line, which is a common type of "foreign object intrusion" type of safety hazards in the external environment of the railway.
In this case, the Hangzhou Railway Procuratorate and the Gongshu District Procuratorate adhered to the "one game of chess" thinking, led by the Hangzhou Railway Procuratorate, and the Gongshu District Procuratorate closely cooperated. Both the road and the locality played their respective advantages to supervise the administrative agencies to perform their duties in accordance with the law and form a joint force for public welfare , To promote the resolution of major hidden dangers endangering railway safety.
While supervising in accordance with the law, it actively serves the overall situation of the “six stability” and “six guarantees”, actively helps solve business difficulties, reduces risk losses, and realizes the organic unity of ensuring the safety of high-speed rail operation and serving the development of private enterprises.
6. Administrative public interest litigation case involving the illegal underpassing of natural gas pipelines in Dianjiang County, Chongqing, which endangers the safety of high-speed rail
【Key words】
Administrative public interest litigation pre-litigation procedures, flammable and explosive materials, illegally crossing the railway system governance
【gist】
In response to the problem of illegal underpassing of natural gas pipelines along the high-speed rail line, the procuratorial agency issued pre-litigation recommendations to the railway administrative supervision department and the local administrative agency, and issued a work letter to the administrative agency along the railway line to facilitate the concerted performance of duties between the road and the land and promote the potential safety hazards related to railways. Investigate and govern, and form a demonstration effect of solving systemic problems.
[Basic case]
The construction of the Yuwan High-speed Railway (Dianjiang Section) started in 2012. The local gas companies violated the "Urban Gas Design Code" on the safety construction standards of underground gas pipelines that should be piped across railways, and did not treat natural gas buried under the railway line. Effective safety measures were taken for the pipeline, and 12 new natural gas pipelines were installed under the railway line in violation of regulations.
The Yu-Wan high-speed railway was put into operation in November 2016. The above-mentioned safety hazards have not been investigated and resolved until 2019, which seriously endangers the safety of railway operation.
[Investigation and Supervision of Duty Performance]
In April 2019, the Chongqing Railway Transport Procuratorate (hereinafter referred to as Chongqing Railway Inspection Institute) received China Railway Chengdu Bureau Group Co., Ltd. (hereinafter referred to as Chengdu Bureau Group Company) Chongqing Industrial and Power Section's reflection on the above clues, and set up a case handling team to initiate an investigation , Took the lead in organizing the Dianjiang County People’s Government, Chengdu Railway Supervision and Administration Bureau and 7 gas companies involved to conduct a nearly two-month on-site investigation along the 43-kilometer-Yuwan Passenger Dedicated Line (Dianjiang Section) to find out one by one along the high-speed rail Natural gas pipelines violated regulations and crossed 35 potential safety hazards on the railway, and led the clarification of the rectification responsibilities of the companies involved.
The investigation found that the Economic and Information Commission of Dianjiang County of Chongqing City (hereinafter referred to as the Economic and Information Commission of Dianjiang County) and the Chengdu Railway Supervision and Administration Bureau are responsible for supervision and management of such hidden railway safety hazards.
In August and September 2019, the Chongqing Railway Inspection Institute issued pre-litigation inspection recommendations to the Dianjiang County Economic and Information Commission and Chengdu Railway Supervision Administration respectively, recommending that they fully implement supervision of the identified iron-related natural gas safety hazards on the Yuwan Railway Responsibilities, supervise the rectification of all responsible units, further supervise and inspect the iron-related gas safety status in the jurisdiction, communicate with the Chengdu Bureau Group Company to establish a long-term mechanism for major hidden danger reports, initial investigation and confirmation of responsibilities.
After receiving procuratorial suggestions, the two units organized multiple dialogues and consultations with the companies involved under the supervision of the procuratorial organs, and supervised the companies involved in the process according to the causes and status quo of 35 hidden dangers, classified design plans, and constructed rectifications in batches. The industrial and electrical section passed the acceptance inspection, which completely eliminated these 35 potential safety hazards.
At the same time, the Chongqing Railway Procuratorate insisted on handling and promoting supervision of types of cases on a case-by-case basis, and negotiated with the district governments along the Yuwan Passenger Dedicated Line in the form of work letters. correct.
Relying on the joint investigation team platform established by the procuratorial organs, administrative agencies along the route carried out special investigations on the safety hazards of natural gas pipelines across the 247-kilometer Yuwan Passenger Dedicated Line, and successively identified and resolved 113 potential safety hazards.
[Typical significance]
Natural gas pipelines illegally cross the railway because of complex causes, wide coverage, and difficult rectification. It is a systemic problem of hidden safety hazards that widely exist in the Yuwan Passenger Dedicated Line.
In this case, the procuratorial organs innovated the method of handling the case, inviting railway supervisory units, natural gas industry supervisory units, railway operation and maintenance units, and various gas companies to send personnel and prosecutors to form a joint investigation team to conduct investigations and evidence collection, and effectively resolve railway construction, pipeline planning and other professions It is difficult to handle cases with strong sexuality and difficulty in obtaining evidence.
Comprehensive measures such as pre-litigation procuratorial recommendations and pre-litigation consultations have been taken to listen to the opinions of all parties and form a consensus on cooperation, so as to promote the effective resolution of systemic problems of major potential safety hazards under the railway line.
7. A series of administrative public interest litigation cases involving illegal water withdrawal in the prohibited groundwater mining area along the Daxi High-speed Railway in Shanxi Province and endangering the safety of high-speed railway operation
【Key words】
Administrative public interest litigation pre-litigation procedures Illegal water withdrawal Regional settlement risk Water resources protection Protection of people's livelihood
【gist】
In response to the illegal extraction of groundwater along the high-speed railway line, which may cause regional ground subsidence and endanger the safety of high-speed railway operation, the procuratorial agency issued pre-litigation procuratorial recommendations to administrative agencies along the railway line in accordance with the law to resolve systemic safety hazards based on local conditions.
While protecting groundwater resources, fully consider the issue of alternative water sources, put forward reasonable rectification suggestions to local administrative agencies, and coordinate to protect the people's domestic water and irrigation water needs.
[Basic case]
There are 52 pumping wells in the restricted groundwater mining area on both sides of the Daxi High-speed Railway in Shanxi Province, spanning Pingyao, Qixian, Hongdong, Huozhou, Wenxi, Xiangfen, Jinzhong, Linfen, and Yuncheng cities. Yaodu and Yongji 8 counties (cities) are mainly used for drinking water or agricultural irrigation for the surrounding people.
Pumping water in the groundwater prohibited areas along the high-speed rail line will, on the one hand, cause the groundwater level to drop significantly and the water volume will decrease, forming a falling funnel, leading to karst collapse, surface sewage and low-quality phreatic water infiltrates through the collapsed section, causing the attenuation of local water resources and accompanying groundwater pollution. Affect water quality.
On the other hand, it may cause the pressure balance between groundwater and sediments to be out of balance, and the loose deposits will be compressed, which will cause ground settlement, cracking of buildings, serious damage to the geology, and regional settlement of high-speed railway piers, which seriously endangers the safety of high-speed railway operation.
[Investigation and Supervision of Duty Performance]
In May 2020, the Taiyuan High-speed Railway Engineering Section of Daqin Railway Co., Ltd. transferred the above clues to the Linfen Railway Transport Procuratorate (hereinafter referred to as Linfen Railway Procuratorate).
After the Linfen Railway Inspection Institute conducted clue research and judgment, it decided to set up a special case team to carry out a special action to remediate illegal pumping wells.
On June 17 and 18 of the same year, the Linfen Railway Procuratorate filed an administrative public interest lawsuit against the water conservancy departments of the 8 counties (cities) involved.
According to on-site inspection, the pumping wells involved in the case existed before the construction of the Daxi high-speed railway, and they are now the main source of water for local residents' domestic and irrigation water.
In the absence of alternative water sources, if the existing wells are immediately closed, it will cause great inconvenience to the life and production of local residents and is not conducive to ensuring people's livelihood and social stability.
Based on actual conditions, the procuratorial organs abandon the thinking of handling the case, and researched and determined the idea of handling the case with the overall goal of serving the "six stability" and "six guarantees", taking into account the management of hidden dangers in high-speed rail operation and the people's agricultural production and living water security.
On September 17, 2020, the Linfen Railway Procuratorate issued pre-litigation recommendations to the water conservancy bureaus of the 8 counties (cities) involved in the case, suggesting that they perform their duties of supervision and management of illegal extraction of groundwater in the prohibited groundwater extraction areas along the Daxi high-speed railway in their jurisdiction. , Put an end to groundwater mining prohibited areas, and maintain the safe operation of the Daxi high-speed railway.
At the same time, the Linfen Railway Inspection Institute strengthened communication and coordination with 8 county (city) governments, road protection offices, water conservancy departments, development and reform commissions, 17 township (town) party committee governments and railway units along the line, based on overall planning of hidden danger management and protection of people’s livelihood, and listening to Opinions of the parties to promote collaborative governance.
After receiving the procuratorial advice, relevant water conservancy departments and township governments attached great importance to it. The railway unit actively cooperated and arranged special personnel to quickly verify the location, diameter, well depth, and auxiliary facilities of the 52 water wells involved.
Subsequently, relevant counties (cities) held special meetings to deploy rectification, combined with local conditions, adopted centralized water supply pipe network laying, re-selected alternative water sources, or direct compensation to solve the masses' water problems, formulated rectification plans, and actively promoted rectification.
At present, 4 illegal pumping wells in 3 counties (cities) have been sealed and filled, and 48 illegal pumping wells in 5 counties (cities) have been formulated for alternative water source disposal plans, and alternative water source replacements such as funding, well drilling, and well filling have been formulated. Work is progressing in an orderly manner.
The procuratorial organs comprehensively consider the impact of factors such as the new crown pneumonia epidemic and seasonality, relying on special actions to continue to follow up and supervise, and the effects of case handling and special actions are gradually showing.
[Typical significance]
Drilling wells in the prohibited groundwater mining areas along the railway is difficult to rectify due to the intertwining of historical problems and practical difficulties.
In this case, the Linfen Railway Procuratorate gave full play to the advantages of cross-district jurisdiction in case handling, adhered to the concept of “people-centered” and “win-win, multi-win” case handling, took special actions as the starting point, and urged the administrative organs to comprehensive The use of rectification measures such as sealing and replacement of water sources to coordinate the protection of national interests related to the safety of high-speed rail operation and the people's livelihood interests related to the people's production and life.
8. Administrative public interest litigation case concerning violation of regulations for breeding livestock and poultry to endanger railway operation safety in Yangxin County, Hubei Province
【Key words】
Administrative public interest litigation Railway line safety protection zone Large-scale livestock and poultry breeding Railway operation safety Change litigation request
【gist】
After the procuratorial agency issued a pre-litigation procuratorial suggestion to the administrative agency for illegally engaging in large-scale livestock and poultry breeding in the railway line safety protection zone, endangering the safety of railway operations, and polluting the environment along the railway line, the administrative agency only performed part of its supervisory duties and illegal breeding activities It has always existed. The procuratorial organs filed administrative public interest lawsuits in accordance with the law to urge the administrative organs to perform their duties in full, effectively protecting the safety of railway operation and the ecological environment along the route.
[Basic case]
In January 2017, the Huashi Cultivation Professional Cooperative of Yangxin County (hereinafter referred to as the Huashi Cooperative), located in Futu Town, Yangxin County, Hubei Province, applied for a business license.
In the case of failing to go through relevant procedures for facility agricultural land and animal epidemic prevention in accordance with the law, the Huashi Cooperative built buildings and structures on both sides of the Wujiu Passenger Dedicated Railway, and engaged in large-scale livestock and poultry breeding. The area occupied by the railway line safety protection zone is 293 square meters.
Raised sheep and other livestock and poultry frequently invade the railway lines, and many accidents of forced stop of trains have occurred, seriously endangering the safety of railway traffic.
At the same time, piled up debris in the railway box culvert, livestock manure and sewage are directly discharged without harmless treatment, which also pollutes the ecological environment along the railway.
[Investigation and Supervision of Duty Performance]
On December 10, 2019, the railway department transferred the clue to the People's Procuratorate of Yangxin County, Hubei Province (hereinafter referred to as Yangxin County Court).
After preliminary verification, in accordance with the relevant provisions of the Animal Husbandry Law, the Animal Epidemic Prevention Law, and the Railway Safety Management Regulations, the construction of livestock and poultry farms and breeding communities in areas prohibited by laws and regulations is prohibited.
The establishment of animal breeding farms and breeding communities shall obtain certificates of animal epidemic prevention conditions.
It is prohibited to keep livestock in the safety protection zone of the railway line.
The Huashi Cooperative violated the above regulations, seriously threatening the safety of railway operations, and infringed on the national interest and social public interest.
The Yangxin County Procuratorate filed the case on January 2, 2020.
On January 16th of the same year, a procuratorial proposal was delivered to the Yangxin County Agriculture and Rural Bureau, suggesting that the bureau perform its supervision and management duties in accordance with the law and deal with the illegal activities of the Huashi Cooperative.
Because the Agriculture and Rural Bureau of Yangxin County did not respond to the procuratorial recommendations in writing within the statutory time limit, and in April 2020, another safety accident occurred in which sheep raised by the Huashi cooperative entered the railway line and collided with the train and forced the train to stop.
On June 22 of the same year, the Yangxin County Court and the railway staff once again conducted an on-site survey of the Huashi Cooperative and found that the illegal behavior of the Huashi Cooperative had not been stopped.
The Yangxin County Court once again proactively communicated and negotiated with the County Agriculture and Rural Bureau, urging them to perform their duties in a timely manner in accordance with the law and reply in writing.
On August 18 of the same year, the Agricultural and Rural Bureau of Yangxin County responded in writing to the procuratorial organ that it had requested the Huashi Cooperative to quickly stop the mixed breeding and stocking of pigs, cattle, and goats; it had sent a letter suggesting that the People’s Government of Futu Town should promptly replace the existing Huashi Cooperative The breeding pens were closed for relocation; the manure treatment of the Huashi Cooperative was transformed; the supervision of the Huashi Cooperative was strengthened, and the person responsible for supervision was implemented.
On September 30, 2020, the Yangxin County Court and the Yangxin County Railway Protection and Joint Defense Work Leading Group Office (hereinafter referred to as the County Road Protection Office), railway departments, and administrative agencies jointly conducted an on-site inspection of the rectification of the Huashi Cooperative and found that Huashi The cooperative is still in production and operation, and the state of infringement of public interests continues.
【Proceedings】
On October 9, 2020, the Yangxin County Court filed an administrative public interest lawsuit with the Yangxin County People’s Court, stating that although the Yangxin County Agriculture and Rural Bureau performed part of its supervisory duties against the aforementioned violations of the Huashi Cooperative’s farm, it violated the site selection of the farm Relevant laws and regulations have not been dealt with in accordance with the law, resulting in continued violations of railway safety and ecological environment. Yangxin County Agriculture and Rural Bureau is requested to be ordered to continue to perform its supervision and management duties.
During the trial of the case, under the unified leadership of the local party committee, the Agricultural and Rural Bureau of Yangxin County handled the illegal activities of the Huashi Cooperative in accordance with the law, and cooperated with the Huangshi City Ecological Environment Bureau Yangxin County Branch and the People’s Government of Futu Town to raise the Huashi Cooperative in accordance with the law. The site was demolished.
On October 22, 2020, the Yangxin County Court found that although the Agriculture and Rural Bureau of Yangxin County had performed its duties according to law during the litigation period, it neglected to perform its duties after receiving the procuratorial advice and neither responded on time nor actively rectified. The safety accident that forced the train to stop occurred again, resulting in further expansion of public welfare damage, and it was decided to change the lawsuit to confirm that the Yangxin County Agriculture and Rural Bureau did not fully perform its duties in accordance with the law.
On November 10 of the same year, the People's Court of Yangxin County ruled in accordance with the law to support the prosecution's request.
The county road protection office attached great importance to it and organized more than 80 people from administrative agencies such as the County Natural Resources and Planning Bureau, the County Housing and Urban-Rural Development Bureau, the County Transportation Bureau, the County Ecological Environment Bureau, the County Emergency Management Bureau, and the township people’s governments along the railway to observe the trial .
[Typical significance]
In this case, livestock and poultry raised by illegal persons invaded the railway line safety protection zone, which seriously violated the relevant provisions of the "Railway Safety Management Regulations" and constituted a significant actual risk of infringement on railway traffic safety.
The procuratorial organs intervened in a timely manner, urged the administrative organs to perform their duties according to the pre-litigation procuratorial recommendations, filed administrative public interest litigation in accordance with the law for the administrative organs that have not yet effectively rectified, and promoted the administrative organs to continue to perform their duties, completely eliminating major railway safety hazards.
Invite administrative agencies to send personnel to observe the court hearings, and promote the formation of a comprehensive governance pattern of high-speed rail safety protection featuring multi-party efforts, joint management, and concerted efforts.
9. An administrative public interest litigation case in Wuhai City, Inner Mongolia Autonomous Region, where illegal construction of a river and a damage to the transportation safety of railway flood bridges
【Key words】
Administrative public interest litigation Illegal construction Blocking rivers Railway traffic safety Withdrawal of prosecution
【gist】
In response to illegal reclamation of land, planting trees, and building houses on the upstream and downstream rivers of the spillway bridge, the procuratorial agency urged the administrative agency to perform its duties in accordance with the law through the pre-litigation prosecutorial recommendations and failed to fully perform its duties in accordance with the law. In case of duty, administrative public interest litigation shall be filed in accordance with the law, fully supervised the performance of duties and due diligence, and special rectification shall be carried out to ensure the safety of railway traffic.
[Basic case]
Six flood discharge bridges, including K368+231, on the Baolan Line of the Wuhai City, Inner Mongolia Autonomous Region, are responsible for important flood discharge tasks during the flood season.
Local villager Lu reclaimed land, planted trees, and built houses in the upper and lower reaches of the K368+231 spillway bridge, causing serious blockage of the river.
In September 2018, when there was a heavy rain in the local area, when the Qianlishan Reservoir in Wuhai City was discharging the flood, the bridge was not smooth due to the blockage of the river. The flood overflowed the bottom of the spillover bridge, and part of the diversion embankment, bridge head bed, road shoulder wall, and protective cone collapsed, and the flood was discharged. The bridge was almost destroyed, and traffic on the inter-regional railway line was interrupted for 12 hours.
[Investigation and Supervision of Duty Performance]
The Wuhai Engineering Section of China Railway Hohhot Bureau Group Co., Ltd. took the initiative to transfer the clue to Baotou Railway Transport Procuratorate (hereinafter referred to as Baotou Railway Procuratorate).
The Baotou Railway Inspection Institute opened the case on July 15, 2019, and went to the scene to investigate and collect evidence many times to verify the relevant situation.
On August 8, 2019, Baotou Railway Inspection Institute issued pre-litigation prosecution recommendations to the Haibowan District People’s Government of Wuhai City (hereinafter referred to as the Haibowan District Government), recommending that it perform its supervisory duties in accordance with the law and clear the six K368+231 buildings. The upstream and downstream river channels of the flood discharge bridge shall be cleaned of crops and trees that hinder flood passage, and buildings and structures that hinder flood passage shall be demolished to restore their flood passage capacity.
On October 8, 2019, the Haibowan District Government replied to the procuratorial agency that it had completed the improvement of the river course. Regarding the illegal planting of crops in the river course by local villagers, it has issued a rectification notice and cleared the plantation in the river course within a specified time. The high-stalk crops, restore the river course to its original state, and level the upstream river course.
The procuratorial organs followed up and found that the rectification and restoration of the upstream and downstream rivers of the other five spillover bridges involved in the case was in good condition, but the illegal construction of the K368+231 spillway bridge still occurred in which Lu XX occupied the river.
【Proceedings】
On October 29, 2019, given that the Haibowan District Government did not fully perform its duties in accordance with the law and the public interest was still in a state of infringement, the Baotou Railway Procuratorate transferred the case to the Hohhot Railway Transport Branch of the People’s Procuratorate of the Inner Mongolia Autonomous Region (hereinafter referred to as Hohhot Railway Inspection Branch) is preparing to prosecute.
On December 30 of the same year, the Hohhot Railway Inspection Branch filed an administrative public interest lawsuit with the Hohhot Railway Transportation Intermediate Court, requesting confirmation that the defendant Haibowan District Government did not perform its safety supervision duties in accordance with the law. At the same time, it ordered the defendant to fully perform its duties in accordance with the law and eliminate railway traffic. Security risks.
On February 6, 2020, the Hohhot Railway Transportation Intermediate Court made a ruling to suspend the trial on the grounds of the epidemic.
In order to solve the potential railway safety hazards as soon as possible, the procuratorial organs have discussed and coordinated with the Haibowan District Government on many occasions and urged it to set up a working group composed of Haibowan District Government Office, Water Affairs Bureau, Land Acquisition and Demolition Bureau and other departments to carry out related work.
On May 29 of the same year, the Haibowan District Land Requisition and Demolition Bureau signed a demolition agreement with the local villager Lu Moumou, demolishing 5793 square meters of houses, greenhouses, and pens built by him, self-built houses of 271 square meters, and clearing the river. The high-stem crops planted inside have restored the original state of the river.
The procuratorial organs continued to follow up and supervise and confirmed that all hidden dangers to railway traffic safety have been eliminated.
As the Haibowan District Government has fully performed its duties in accordance with the law and the purpose of the administrative public interest litigation has been achieved, the Hohhot Railway Inspection Branch made the decision to withdraw the prosecution.
[Typical significance]
The railway flood discharge bridge has a dual function. It is not only an important transportation hub for railway transportation lines, but also an important flood control project along the line.
In this case, local villagers planted trees and built buildings in the river course, which affected the function of the flood discharge bridge and seriously threatened the safety of local railway traffic.
After the procuratorial agency issued the pre-litigation procuratorial recommendations, the administrative agency filed an administrative public interest lawsuit in accordance with the law when the administrative agency did not fully perform its duties, and finally urged the administrative agency to perform its duties in full and restore the smooth flow of the river, effectively ensuring the safety of railway traffic.
If the administrative agency has partially performed its duties before the lawsuit, after the case is prosecuted, the administrative agency comprehensively rectifies and implements it before the judgment, and comprehensively considers the effect of the rectification, it can also take the initiative to withdraw the lawsuit in accordance with the law, and strive to obtain the best social effect with minimal judicial investment.
10. A series of public interest litigation cases involving illegal sand mining jeopardizing the transportation safety of high-speed railway bridges in Xingtai City, Hebei Province
【Key words】
Administrative public interest litigation pre-litigation procedures Criminal incidental civil public interest litigation Illegal sand mining High-speed rail bridge transportation safety
【gist】
The procuratorial organs made full use of the legal methods of administrative public interest litigation and criminal incidental civil public interest litigation to address the outstanding problems of illegal sand mining in the rivers in the prohibited mining areas near high-speed railway bridges and highway bridges, destroying national mineral resources, and endangering bridge transportation safety. Take measures to promote the resolution of potential safety hazards and effectively maintain the transportation safety of the high-speed railway bridge.
[Basic case]
The Dasha River in the Development Zone of Xingtai City, Hebei Province is one of the important flood channels. Driven by interests, illegal and criminal acts of stealing river sand have been repeatedly prohibited.
Especially in the prohibited mining areas near the Beijing-Guangzhou High-speed Railway and the Beijing-Hong Kong-Macao Expressway Bridge within the Xingtai Development Zone, there have been many cases of illegal sand mining, and many sand and gravel have been stolen, under and on both sides of the adjacent high-speed rail bridge. Numerous sand pits are formed after the sand is dug, which seriously affects the safety of flood discharge and embankment.
The exposed foundations of some bridge piers may cause deformation and collapse of the bridge, seriously endangering the transportation safety of the high-speed railway bridge and the safety of high-speed railway operation.
[Investigation and Supervision of Duty Performance]
In May 2019, the People's Procuratorate of the Economic Development Zone of Xingtai City, Hebei Province (hereinafter referred to as the Development Zone Procuratorate) received relevant clues transferred by the Shijiazhuang Railway Transport Procuratorate.
The hospital’s on-site investigation found that many sand and gravel near high-speed railway bridges and highway bridges were illegally mined, the river was full of holes, and some pier foundations were exposed. When the rainy season is approaching, there is a risk of pier deflection. There are major hidden dangers in the flood control safety of high-speed railway bridges.
In early June 2019, the Development Zone Procuratorate formally filed a case for investigation, took photos of illegal sand mining sites under high-speed railway bridges and expressway bridges, interviewed villagers along the line, railway departments and other relevant personnel, and obtained the administrative authority list and law enforcement related evidence materials .
On June 12 of the same year, the Development Zone Procuratorate issued a pre-litigation procuratorial proposal to the Xingtai City Water Affairs Bureau, suggesting that Xingtai City Water Affairs Bureau act as the supervision and management agency for sand mining activities in the city’s rivers and target illegal sand mining in the prohibited areas near the high-speed railway bridge in the development zone. Problems, strengthen the supervision and inspection of sand mining activities in rivers, promptly investigate and punish illegal sand mining activities, and deal with existing hidden safety hazards as soon as possible.
After receiving the procuratorial suggestions, the Xingtai City Water Affairs Bureau held several meetings to study and deploy the work, and jointly conducted on-site investigations and verifications with the Agriculture Office of the Development Zone, and carried out rectification in four aspects.
The first is to address the exposed foundations of high-speed rail bridges and expressway bridges. The management unit of Beijing-Hong Kong-Macao Expressway has completed the reinforcement treatment at the end of June; the second is to focus on a sand pit between the high-speed rail and the high-speed rail. The public security agency has filed a case for mining river sand for investigation, and the pirate mining has been criminally detained by the development zone public security agency, and will actively cooperate with the follow-up investigation; third, instruct the Development Zone Economic Development Bureau to level the existing sand pit within a time limit and enlarge the river course Inspect and supervise efforts to ensure the flood-carrying capacity of rivers and the safety of bridges; fourth, in response to illegal sand mining in rivers, the Municipal Natural Resources and Planning Bureau, the Municipal Forestry Bureau, and the Municipal Public Security Bureau launched a special campaign for centralized control of illegal sand mining in the city. To curb illegal excavation and excessive mining of river channels, and maintain the order of sand mining in river channels.
On June 24, 2019, the Development Zone Bureau of Xingtai City Public Security Bureau transferred the suspects Wu Mo and Cao to the Development Zone Procuratorate for review and prosecution for the crime of illegal mining.
The investigation revealed that from August 2018 to March 2019, Zhai Moumou (at large) rented Wu Moumou and Cao Moumou 500 meters south of Nanyang Village, Liucun Town, Development Zone, the Beijing-Guangzhou High-speed Railway and the Beijing-Hong Kong-Macao Expressway Illegal sand mining of land occupied by wasteland in the rivers between highways.
As determined by the Xingtai City Land and Resources Surveying and Mapping Center, the illegal sand mining plots total 9,528.58 square meters, and the illegal mining of three types of construction sand totals 57,171.48 cubic meters; the Xingtai Price Certification Center confirms that the total price of sand and gravel is 2,858,574 yuan, and the backfill costs are total 1435825 yuan.
The illegal sand mining behaviors of Zhai, Wu, and Cao have caused Gao Su’s railway bridge and highway bridge to be buried in depth that has not reached the design requirements. The bearing capacity of the foundation has been greatly affected and the highway is seriously endangered. Safety on railways and highways.
【Proceedings】
On November 30, 2019, the Development Zone Procuratorate filed a public prosecution against Wu Moumou and Cao Moumou for the crime of illegal mining.
On March 4, 2020, the Development Zone Procuratorate filed a criminal incidental civil public interest lawsuit against Wu XX and Cao XX, appealing for an order: 1. Defendant Wu XX restores the stolen sand pit to the original state, if it cannot be restored, it shall bear The cost of repairing the sand pit was 1286843.11 yuan; 2. The defendant Cao Moumou restored the stolen sand pit to its original state, and if it could not be restored, he would bear the cost of repairing the sand pit 148981.89 yuan.
On July 30, 2020, the People’s Court of the Development Zone ordered Wu Moumou for the crime of illegal mining, sentenced him to one year and six months in prison, confiscated 20,000 yuan of illegal gains and fined RMB 20,000 yuan; Wu Moumou’s judgment became effective In the next month, the stolen sand pit will be restored to its original state. If it cannot be restored, the sand pit will be repaired at a cost of 1,268,843.11 yuan; Cao Moumou commits illegal mining and is sentenced to one year and four months in prison, with 8,000 yuan confiscated and fined. RMB 10,000; Cao Moumou will restore the pirated sand pit to its original state within one month after the judgment becomes effective. If it cannot be restored, he will bear the cost of repairing the sand pit at RMB 148981.89.
After the judgment of the first instance took effect, none of the defendants appealed.
[Typical significance]
Illegal sand mining in the prohibited mining area of the river near the high-speed railway bridge has not only destroyed the national mineral resources, but also caused major hidden dangers to the safety of high-speed railway transportation and the safety of river flooding.
In this case, the procuratorial organ is based on the legal supervision function. On the one hand, it supervises the administrative organs to actively perform their duties and realizes the dual purpose of protecting the national mineral resources and railway infrastructure; on the other hand, it gives full play to the criminal and civil public interest litigation functions to make criminal suspects. People receive due criminal punishments, and assume the responsibility of restoring the ecological environment in accordance with the law, and earnestly safeguard national interests and social public interests.
The types of violations in this batch of typical cases have diversified characteristics, such as illegal land occupation, illegal construction, highway overpasses and other common underground safety hazards; there are “foreign objects intrusion” such as stocking horses, dangerous trees, sand and stone, and color steel tiles. “Limits” affect the safety of high-speed rail; there are illegal sand mining, natural gas pipeline crossing, illegal extraction of groundwater and other issues that affect the stability and safety of railway subgrades; there are also potential risks to the safety of high-speed rail operations that administrative agencies issue administrative licenses in violation of regulations.
The relevant person in charge of the Supreme People’s Procuratorate stated that in recent years, the procuratorial organs have given full play to their unique advantages in public interest litigation, actively and steadily handled public interest litigation cases in the field of railway safety production, and promoted the resolution of many major safety hazards along the railway and surrounding environmental governance problems. The safety of railway operation, the promotion of safe railway construction, and the service of safe China construction provide a strong legal guarantee.
The causes of public welfare issues in the field of railway safety production are complex and difficult to solve. The public interest litigation of the procuratorial organs and relevant departments have jointly formed a public welfare protection force to solve hidden railway safety hazards, and achieved the greatest public welfare protection effect with minimal judicial investment.