Under the guidance of Xi Jinping's thoughts on the rule of law, a review of the procuratorial work in 2020
Serve the goal of a strong army, protect national defense and military interests in accordance with the law
Since 2020, military and local procuratorial organs have carried out special military procuratorial public interest litigation operations, found 388 problem clues, handled 151 cases, and issued more than 120 procuratorial suggestions to relevant military and local units.
As of the end of 2020, military and civilian prosecutors have handled 53 cases in response to outstanding issues such as super-high buildings in the military clearance zone and the impact of construction projects on the performance of military facilities.
"Reported that there was an abnormal signal in the northeast of the radar position, and the normal combat readiness of our station was severely disturbed!" In the early morning, the telephone ringing of a radar station in Yunnan rang quickly.
Because the government of a county in Yunnan Province did not solicit the opinions of the army to approve the development of commercial residential buildings without authorization, three of them were less than 100 meters away from the radar station, which severely restricted the performance of the radar. The army and the county government began negotiations for several years. It is too late to solve.
It wasn't until the Kunming Military Procuratorate and the local procuratorate intervened that this matter began to take a turn for the better.
National defense and military interests are important aspects of national interests and social public interests.
Since last year, the military procuratorial organs and local procuratorial organs have carried out in-depth military procuratorial public interest litigation special operations, found 388 problem clues, handled 151 cases, and issued more than 120 procuratorial suggestions to relevant military and local units, solving a large number of long-term troubled troops. , The outstanding problems that affect and restrict the generation of combat effectiveness have achieved good results.
A ruler: improve combat effectiveness
Compared with ordinary procuratorial public interest litigation cases, military procuratorial public interest litigation has a different focus on the scope and type of case handling.
So, how should the standards for handling cases be grasped?
The answer of the person in charge of the Fourth Prosecutor's Office of the PLA Military Procuratorate is: a ruler-to improve combat effectiveness, highlight the military as a battle.
To grasp the scope of national defense and military interests, we must pay attention to the fact that there are military norms that can be referred to, corresponding competent authorities, public interest attributes, and possible infringements.
On May 12 and July 31, 2020, the Supreme People’s Procuratorate respectively issued two batches of typical cases of military-local cooperative prosecution public interest litigation.
After careful review, it is found that the typical cases released in these two times have expanded in the field of case, the type of case, and the scope of public welfare.
In terms of the distribution of cases, it involves the protection of statutory state-owned property and ecological environment protection, but it is more concentrated in new areas with prominent military elements such as military security, military installations, and military land protection.
The aforementioned case handled by the Kunming Military Procuratorate is very typical.
In September 2019, the Kunming Military Procuratorate received a request for assistance from the army and immediately arranged for the case-handling personnel to go to the site. Through unit introductions, site surveys, and data access, it basically determined the fact that the local county government did not perform its duties in accordance with the law. Jurisdiction provides for the transfer of clues to the Yunnan Provincial Procuratorate.
On April 24, 2020, designated by the Yunnan Provincial Procuratorate, a certain city procuratorate filed a case for review according to law.
Subsequently, the military-civilian joint case team went deep into the army many times, took photos of the radar positions and the location and status of the buildings involved in the case, collected documentary evidence from the army, invited a certain air force base to conduct a professional appraisal of the radar impact, and commented on the social conditions and public opinions involved in the real estate project. To understand, supplement and improve relevant evidence materials.
Two months later, the Kunming Military Procuratorate and the local procuratorate publicly announced a procuratorial proposal to a county government, suggesting that immediate remedial measures be taken to demolish all three houses involved in the case to eliminate hidden dangers affecting the performance and safety of military installations.
The county government set up a special work leading group and dedicated special funds to promote the demolition and rectification work.
On September 21, 2020, the demolition work was completed, and the radar signal was clearly transmitted back on the screen.
The "old difficulty" that has long affected the military's combat readiness training and mission execution has been thoroughly resolved.
"Our fighter planes can finally take off and land with confidence!" It is also a military security issue. Military procuratorates such as Chengdu and Lanzhou have promoted more than 510 households to clean up and raise more than 20,000 homing pigeons within two months, eliminating the safety hazards of flight training that have lasted for many years.
The Military Procuratorate of the Southern Theater Command launched a special operation to protect border facilities, coordinating the local investment of more than 2.2 million yuan, repairing more than 30 blocking facilities, 51 damaged roads, covering more than 460 kilometers, and strengthening border security.
Military lands and military facilities are the "severe disaster areas" where national defense and military interests have been infringed. Military procuratorial organs insist on solving practical problems with the rule of law, and use public interest litigation to promote the protection of rights and interests.
Military procuratorates in Guangzhou, Haikou, and Lhasa urged the localities to demolish more than 30 illegal constructions, and restore more than 760 acres of military land that was damaged and mis-allocated.
The military procuratorates of Nanjing, Xi'an, Xining and other military procuratorates actively handled military pipeline protection cases, and properly resolved the problem of the occupation and destruction of military communications and power transmission lines, and oil and water pipelines in their jurisdictions.
As of the end of 2020, all military procuratorates and local prosecutors have dealt with outstanding issues such as super-high buildings in the military clearance zone, construction projects affecting the performance of military installations, "low and slow" black flying around the camp, blockage of combat readiness channels, and environmental pollution in training. There were 53 cases, and illegal phenomena were effectively corrected.
One orientation: Let soldiers become a profession respected by the whole society
Soldiers are the most lovable people, making them a profession respected by the whole society, guaranteeing the rights of the most lovable people in accordance with the law, and conducting a new exploration in public interest litigation.
In practice, military and local procuratorial organs have handled many public interest litigation cases in the field of military status and protection of rights and interests.
"Soldiers have priority in accordance with the law" is the right of soldiers to be protected by law, and it is also an important part of promoting the establishment of a military honor system.
In Zhejiang Province, in order to find out the "military priority" work at various railway stations in the province, Hangzhou Military Procuratorate and Hangzhou Railway Transport Procuratorate organized personnel to inspect ticket windows, security checkpoints and ticket gates, and discuss with relevant railway enterprises. , Conducted a special investigation on the situation of some railway passenger stations under the jurisdiction of 4 key railway stations and sections in Zhejiang Province.
"The overall situation of each site is good, with eye-catching priority signs, adequate facilities and a strong sense of service, but there are still some areas that need to be improved and perfected," the prosecutor handling the case said.
After investigation, it is found that some sites have not yet set up the “Military Priority According to Law” logo, and related hardware facilities need to be further improved; although some sites have set up dedicated military passages and dedicated waiting areas, the daily management needs to be further strengthened, and related supporting mechanisms need to be further improved. to further improve……
In response to the existing problems, the two procuratorates have solicited opinions from the Shanghai Railway Bureau Group Co., Ltd. Office in Hangzhou and related railway stations and depots, and sent them to Hangzhou Station, Jiaxing Train Depot, Jinhua Train Depot, and Ningbo Train Depot. The procuratorial proposal suggested that the railway staff should be actively engaged in the education and training of “soldiers in accordance with the law”, accurately understand and grasp the scope of the military’s legal priority; supervise the railway passenger stations where the “soldiers in accordance with the law” label is not in place to add signs; strengthen the special waiting area for military personnel , Management of dedicated waiting rooms, etc.
"We will conduct a comprehensive and in-depth investigation on the implementation of the subordinate stations, actively rectify the related issues mentioned in the procuratorial recommendations, and will also improve and improve the overall issues that are not mentioned, and strive to provide more quality services. "The person in charge of the Hangzhou Railway Station said.
Safeguarding the legitimate rights and interests of military members and creating a good manner of respecting military members. Special operations for the protection of military status and rights are being carried out in many places——
The Zhengzhou Military Procuratorate worked with local procuratorial organs to safeguard the legal rights and interests of the honored soldiers in accordance with the law, and urged the relevant departments to reissue 151,000 yuan of merit awards to 222 active-duty soldiers.
The Harbin Military Procuratorate checked the issue of not issuing honor cards, conscripts preferential treatment payments, and state funding for compulsory military service for college students, and transferred 67 clues to the procuratorates of Heilongjiang and Jilin provinces. The Jinan Military Procuratorate, together with the Shandong Provincial Procuratorate, transferred the same to the Provincial Department of Veterans Affairs There were 791 clues, and we urged to carry out special clean-up and rectification across the province.
The Nanning Military Procuratorate and the Nanning City Procuratorate jointly handled 22 cases where medical institutions, public transportation, and parks did not implement preferential treatment policies for military personnel, issued 18 procuratorial recommendations, and the response rate for rectification reached 100%.
A continuation: the red gene is passed on from generation to generation
On October 19, 2020, the Veterans Affairs Bureau of Xinning County, Hunan Province received a pre-litigation procuratorial proposal jointly issued by the military and local procuratorial organs, requiring them to perform their duties in accordance with the law and restore the solemn environmental atmosphere of the Mahaling Memorial Facilities .
Xiaoxiang Earth’s red resources are rich in stock and have obvious advantages. However, the procuratorial organs found during field visits and investigations that some martyrs’ cemeteries have illegally set up stalls and are engaged in amusement, catering and other business projects; some heroic memorial facilities have not been managed and maintained for a long time. Dilapidated; some main buildings have collapsed and damaged in large areas, and some old revolutionary sites have been completely lost and no longer exist...
"We are in the hometown of great men and generals. We should use procuratorial public interest litigation methods to defend the glory of history with the power of the rule of law." said Li Zhongxin, chief prosecutor of the Changsha Military Procuratorate.
Through detailed investigations, the case handlers sorted out 28 red resource lists in 113 counties (districts) in 14 cities, prefectures, and counties in the province. The names, numbers, addresses, protection levels, staffing levels, etc. were listed in detail, so as to facilitate the lookup of benchmarks problem.
The three working groups lasted more than 40 days and traveled more than 19,000 kilometers. They visited 381 red resources such as memorial facilities for heroes and revolutionary relics, and sorted out 437 clues in 6 categories, of which 185 clues were highlighted in 73 areas, and related facts. All on-site pictures and video data are corroborated.
In the end, military and civilian procuratorial organs filed more than 50 cases for investigation and issued more than 50 procuratorial recommendations. Related issues have been thoroughly rectified one after another.
Keep an eye on the protection of heroes and martyrs and red resources, defend the glory of heroes and martyrs, and guard the red culture.
After the implementation of the Heroes and Martyrs Protection Law, Henan, Hebei, Shanxi, Shaanxi and other military and local procuratorial organs coordinated to carry out special supervision activities, conducted a comprehensive investigation of the memorial facilities of heroes and martyrs in each province, and handled a number of public interest litigation cases.
Among them, the Henan Provincial Procuratorate and Zhengzhou Military Procuratorate’s series of administrative public interest litigation cases for the protection of heroic martyrs’ memorial facilities extended the public interest litigation in the field of heroic protection from the civil public interest litigation for the protection of the hero’s reputation to the administrative public interest litigation of the heroic memorial facilities. The heroic social atmosphere has played a positive role in promoting the heroic spirit, passing on patriotism, and maintaining the core values of socialism.
Cooperation between the two sides: the military and the local cooperation to converge forces
In practice, issues such as destroying national defense facilities, endangering military security, occupying military land, and infringing on the rights and interests of military personnel often involve the military and the land.
The person in charge of the Fourth Prosecutors Office of the PLA Military Procuratorate told reporters that the occurrence of public welfare damage and the infringement of public welfare entities are often divided into the army and the local government. Military and local prosecutors can integrate military and local resources in all aspects of case handling, and conduct joint investigations and issues. Procuratorial recommendations and other methods to give play to the advantages of collaboration are more conducive to the formation of an overall joint force to protect national defense and military interests.
In 2018, the Hebei Provincial Procuratorate and the Shijiazhuang Military Procuratorate jointly convened a joint public interest litigation collaboration meeting, and formulated and issued special documents, focusing on the protection of the ecological environment and resources, the protection of state-owned property, the complete suspension of paid services by the military, and the protection of the reputation and honor of heroes and martyrs. Strengthen public interest litigation collaboration in the field.
Since then, many places across the country have successively issued normative documents to clarify the relevant provisions of military and local procuratorial public interest litigation.
In the Lhasa Military Procuratorate and the Tibet Autonomous Region Procuratorate’s military land protection administrative public interest litigation published as a typical case, the occupation, pollution, and destruction of two military lands have complicated social and historical causes. For many years, the boundary of the land has not been jointly determined with the local government. In reality, the buildings and attachments on the land belong to both local people and county government departments.
With the support and coordination of the Procuratorate of the Tibet Autonomous Region, in response to the long-term out-of-control and out-of-control of 345.81 acres of military land in a county in Tibet, the serious pollution and damage caused by the illegal occupation of local units and personnel, dumping of garbage, and random excavation, local two-level people's governments and related The case rectification work promotion meeting jointly participated by the functional departments and multiple departments of the military coordinated the multi-party joint action of 14 military and civilian units to properly resolve the case.
The military and local procuratorial organs worked closely together and worked together to effectively cure the "difficult and complicated diseases."
On the basis of practice, on April 22, 2020, the Supreme People’s Procuratorate and the Political and Legal Committee of the Central Military Commission jointly issued the "Opinions on Strengthening the Collaboration of Military and Civilian Procuratorial Organs in Public Interest Litigation" to address issues related to military and civilian procuratorial public interest litigation. Clarification and standardization have greatly promoted the in-depth development of military-civilian cooperation, and effectively improved the quality and efficiency of the handling of public interest litigation cases involving military-civilians.
Multi-point extension: play a role in the governance of public interest litigation from point to point
Civil-military public interest litigation cases involving public interest issues are often common issues within the field, industry, and region. Only one or two cases cannot be solved from the root cause.
Shortly after the joint meeting of the Hebei Military and Local Prosecutors' Public Interest Litigation Cooperation Conference was held, the Shijiazhuang Military Procuratorate found clues of counterfeiting the leading military food subsidy at a military food supply station in Zhangjiakou City, and transferred it to the Hebei Provincial Procuratorate. The provincial court designated Zhangjiakou. The city procuratorate handles it.
The Zhangjiakou City Procuratorate immediately initiated public interest litigation procedures and formed a joint case team with the Shijiazhuang Military Procuratorate.
In the end, more than 400,000 yuan of subsidy for the difference in military food was recovered for the troops.
This case has also become the country's first public interest litigation case in the military rations management system.
The case is not over here.
The Hebei Provincial Procuratorate and the Shijiazhuang Military Procuratorate formed a joint research team to take the initiative to visit the Hebei Provincial Grain Bureau to investigate and investigate the supply of military supplies in Hebei Province in recent years to avoid the loss of state-owned property.
The Hebei Provincial Grain Bureau immediately established a provincial military ration financial special inspection leading group, formulated the "Hebei Provincial Grain Bureau's Implementation Plan for Carrying out Special Financial Inspections", held a provincial military ration financial special inspection work conference and invited military and local prosecutors to participate.
Following the Zhangjiakou military food case, the military and local prosecutors handled a series of cases of Shijiazhuang, Langfang and other military food subsidies, recovering more than 1.5 million yuan in economic losses, and achieving a good supervision effect of handling one case and managing one case.
Not only to extend the effectiveness of governance in handling cases, but also to actively and steadily expand the scope of military procuratorial public interest litigation cases, military and local procuratorial organs have also made new attempts.
The reporter learned that the military procuratorial public interest litigation special operations involve military facilities, military supplies, energy and material support, military training, and military operation security, and basically cover the responsibilities of various departments in the military.
"Military procuratorial public interest litigation should grasp the overall direction of serving national defense and army building, and find the right entry point. As long as it is conducive to generating and improving combat effectiveness, it is worth promoting." The person in charge of the Fourth Procuratorate of the PLA Military Procuratorate said that in practice, it is still There is a long way to go, and procuratorial organs will play an increasingly important role in serving national defense and military interests.
Military-related public welfare protection solves the worries of the army
□Gu Qingyue, deputy to the National People's Congress and lecturer in a certain teaching and research section of Air Force Engineering University
As a soldier, I was deeply impressed and moved by the cooperation of military and local procuratorial organs to carry out public interest litigation work.
"The army is ready to fight" "The soldiers are the most lovable people"... In order to protect national defense and military interests, ensure the combat effectiveness of the army, and protect the rights and dignity of the soldiers, the procuratorial organs of the whole army and local procuratorial organs have conducted in-depth special military prosecution public interest litigation projects. Actions, intensified case handling, innovated coordination mechanisms, and resolved a number of outstanding issues such as super-high buildings in the military clearance zone, environmental pollution in training, and the failure to implement "priority for military personnel in accordance with the law" in passenger stations.
At the same time, the prevention function and governance efficiency of public interest litigation were brought into play from point to point, focusing on common issues in certain areas, and carrying out special actions to promote the establishment of long-term mechanisms, achieving a good supervision effect of "one case, one governance".
There is no end to public interest litigation.
Protecting national defense and military interests has also been on the way.
I believe that the military and local procuratorial organs work together to actively and steadily explore military-related public welfare protection, and they will surely achieve greater results.
(This edition design: Wang Xiaojie)