Typical
cases of procuratorial public interest litigation in the field of water
Table of contents
1. The administrative public interest litigation case of the People's Procuratorate of Xingyang City, Henan Province urging the rectification of the illegal construction of a tourist area in Gubaidu
2. The People's Procuratorate of Jiangjin District, Chongqing Municipality urges the rectification of the administrative public interest litigation case of Mibangtuo Wharf occupying the shoreline
3. The public interest litigation case of the procuratorial organ of Yangzhou City, Jiangsu Province urging the rectification of a company’s occupation of the Liaojiagou River
4. The administrative public interest litigation case of the People's Procuratorate of Yangquan City, Shanxi Province urging the promotion of the construction of the Longhuakou Reservoir in Yu County
V. An administrative public interest litigation case concerning the protection of geothermal water resources in Wantian Village, Longhai Town, Anren County People's Procuratorate, Hunan Province
6. The Administrative Public Interest Litigation Case of the People's Procuratorate of Longquanyi District, Chengdu City, Sichuan Province for Supervising the Rectification of Illegal Extraction of Groundwater
7. The administrative public interest litigation case of Sanya City People's Procuratorate urging the protection of groundwater resources
8. The People's Procuratorate of Yuecheng District, Shaoxing City, Zhejiang Province v. Wang Moujia and other seven persons for endangering the flood control safety of the Qiantang River and seawall, a criminal incidental civil public interest litigation case
9. The People's Procuratorate of Jianhu County, Jiangsu Province v. Zhang Moumou and others in the criminal case of illegal sand mining in the Yangtze River incidental to a civil public interest lawsuit
10. The People's Procuratorate of Shunde District, Foshan City, Guangdong Province v. Lin Mouquan and other nine persons involved in the criminal case of illegal sand mining and incidental civil public interest litigation
Case number one
The People's Procuratorate of Xingyang City, Henan Province urges the rectification of an administrative public interest lawsuit against the illegal construction of a tourist area in Gubaidu
【Key words】
Administrative Public Interest Litigation Pre-litigation Procedures "River Chief + Prosecutor-General" Collaboration Mechanism for Yellow River Flood Safety
【gist】
In response to the outstanding problems of the "Four Chaos" in the Yellow River Basin, the procuratorial organs gave full play to the role of the "River Chief + Procurator-General" mechanism, worked closely with the River Chief's Office, urged the administrative organs to fully perform their duties, dismantled large-scale illegal tourist facilities along the Yellow River, and completely eliminated the The long-standing potential safety hazards in the flood discharge of the Yellow River can effectively ensure the safety of the Yellow River.
【Basic case】
Gubaidu is a famous ferry crossing of the Jiuqu Yellow River with a history of more than 2,000 years. It is located in the experimental area of the Yellow River Wetland Provincial Nature Reserve in Zhengzhou, Henan.
A tourist area is located on the bank of the Yellow River in Wangcun Town, Xingyang City, and was approved for construction in November 2013.
During the construction period, problems such as over-scale construction and illegal construction were prominent. Some of the construction projects involved the surface water drinking water source protection area of Huanghewang Village in Xingyang City. , infringing the public interest.
【Investigate and supervise the performance of duties】
The People's Procuratorate of Xingyang City, Henan Province (hereinafter referred to as the Xingyang City Court) discovered clues to this problem in the special action of "Joining Hands to Protect the Mother River from the Four Rebellions". The Yellow River Bureau has twice issued the "Notice of Ordering to Stop Illegal Acts in Water Affairs" and the "Notice of Ordering Correction", but the development enterprises have not implemented the rectification.
In September 2020, in accordance with the work requirements of the "River Chief + Procurator-General" system, the Henan Provincial River Chief System Office (hereinafter referred to as the Provincial Hechang Office) transferred clues to the issue to the Henan Provincial People's Procuratorate (hereinafter referred to as the Henan Provincial Court).
Because the tourist area is a local investment attraction project, the construction investment is large, the duration is long, and the rectification is difficult. Specific handling, through integrated case handling to promote problem solving.
After on-site visits, access to administrative law enforcement materials, and a joint meeting with the provincial, municipal and county administrative organs, the procuratorial organs clarified and confirmed the illegal construction of tourism development enterprises in accordance with the law.
According to the relevant provisions of the "Flood Control Law of the People's Republic of China", "The Regulations of the People's Republic of China on the Administration of River Courses" and the "Measures for the Administration of the Yellow River Course in Henan Province", the local government and the river management department have supervisory responsibilities for the management, protection and governance of the Yellow River course.
On September 21, 2020, under the guidance of the Henan Provincial Court and the Zhengzhou Municipal Court, the Xingyang Municipal Court issued pre-litigation procuratorial recommendations to the Wangcun Town People's Government of Xingyang City and the Xingyang Yellow River Bureau respectively, urging the Wangcun Town People's Government of Xingyang City to clean up as soon as possible Renovate illegal facilities and eliminate the hidden danger of flooding in the Yellow River; it is recommended that the Xingyang Yellow River Bureau actively assist in the remediation work, keep abreast of the progress, strengthen supervision and inspection, and jointly promote the comprehensive removal of illegal construction.
After the procuratorial suggestion was issued, the Henan Provincial People's Court, together with the Provincial River Chief Office, the Henan Yellow River Bureau and related units, regularly checked the progress of the remediation work, studied and solved the problem of demolition of illegal facilities in the river, and guided the construction unit to erect trestle bridges to speed up the construction. progress, and urge the enterprise to complete the demolition work on time under the premise of ensuring construction safety.
The Xingyang Municipal Party Committee and Municipal Government attached great importance to it, and the mayor took the lead in organizing relevant departments to set up a special class for problem rectification, and reported the cleanup work of illegal construction projects to the procuratorial organ and the Hechang Office on a daily basis.
With the joint efforts of all parties, in November 2020, the most difficult bungee jumping tower and ancillary facilities spanning both sides of the Yellow River were demolished; at the end of December of the same year, all illegally constructed facilities located in the water source protection area were demolished, and the on-site cleaning was completed.
On January 12, 2021, Xingyang City Hechang Office and Xingyang City Court organized the Municipal Ecological Environment Bureau, Forestry Bureau, River Affairs Bureau and other units to inspect and accept the rectification situation on site, and confirmed that all illegal construction problems in a tourist area have been rectified in place.
【Typical meaning】
In this case, the procuratorial organs, based on the supervision function of public interest litigation, give full play to the advantages of integrated case handling, relying on the "River Chief + Procurator-General" system, and closely cooperate with the three-level River Chief Office to urge the administrative organs to actively perform their duties in accordance with the law, and to work together to help tourism The developer shall formulate a rectification plan, take effective measures, and complete the demolition and clean-up work on schedule.
The successful handling of this case is a typical example of the procuratorial organs helping to solve the "four chaos" problem in the Yellow River, serving and guaranteeing the ecological protection of the Yellow River Basin and the national strategy for high-quality development.
Case 2
The People's Procuratorate of Jiangjin District, Chongqing Municipality urges the rectification of the administrative public interest litigation case of Mibangtuo Wharf occupying the shoreline
【Key words】
Administrative Public Interest Litigation Pre-litigation Procedures "River Chief + Prosecutor-General" Collaborative Mechanism for the Protection of the Yangtze River Shoreline
【gist】
In response to the issue of the encroachment of the Yangtze River coastline disclosed in the ecological environment warning film of the Yangtze River Economic Belt, the procuratorial organs comprehensively investigated the situation of the encroachment of the coastline, gave full play to the synergistic advantages of the three-level courts, and made full use of the "River Chief + Procurator-General" collaboration mechanism to promote the proper resolution of historical problems.
【Basic case】
In October 2010, He Moumou leased a 1,900-square-meter site in Jiangjin Mibangtuo Wharf to carry out production and operation activities until 2030.
Since 2011, He Moumou has built a convenient vegetable market at Mibangtuo Wharf, and renovated and expanded a repair shop and ancillary facilities of more than 1,000 square meters, occupying the Yangtze River coastline.
In December 2020, the Ministry of Ecology and Environment and the Central Radio and Television Station jointly released the "2020 Yangtze River Economic Belt Ecological Environment Warning Film" (hereinafter referred to as the warning film), pointing out that a convenience vegetable market and other facilities encroached on the natural shoreline of the Yangtze River and affected the Yangtze River. Floods are safe and violate the public interests of society.
【Investigate and supervise the performance of duties】
In January 2021, the People's Procuratorate of Jiangjin District, Chongqing (hereinafter referred to as the Jiangjin District Court) learned about the clues of the case when visiting the Jiangjin District Ecological Environment Bureau, and filed a case for on-site investigation according to law.
The Chongqing Municipal People's Procuratorate listed the case as a key case for supervision on January 28 of the same year.
The Jiangjin District People's Court investigated and found that the situation of a convenience vegetable market occupying the coastline mentioned in the warning film is true, and the administrative organ has started to organize rectification.
However, the expansion of the auto repair plant and car wash by He Moumou, adjacent to the vegetable market, has the same problem of shoreline encroachment, but it has not been included in the scope of rectification.
To this end, the Jiangjin District Court carried out inspections in conjunction with the District Water Conservancy Bureau (District River Chief Office), and conducted on-site inspections with the higher-level procuratorial organs to find out: He Moumou, without the consent of the river management department and without going through the relevant procedures, used color steel, The brick-concrete structure was privately renovated and expanded the auto repair plant and car wash, and the relevant fixed facilities invaded the shoreline of the Yangtze River for more than 10 meters, which has the risk of impeding flood flow.
According to the "Yangtze River Protection Law of the People's Republic of China" and "Chongqing River Management Regulations", the Jiangjin District Water Conservancy Bureau implements unified management of the rivers within its jurisdiction, and is responsible for supervision and management.
On April 12, 2021, the Jiangjin District Court issued a pre-litigation procuratorial proposal to the District Water Conservancy Bureau, urging it to perform its river management duties in accordance with the law, investigate and deal with an auto repair factory’s construction of structures that obstruct flood flow in the Yangtze River channel, and eliminate the river channel. Flood hazard.
At the same time, it is recommended to increase the inspection of the rivers within the jurisdiction and strengthen the rectification of illegal acts that damage the rivers.
After the pre-litigation procuratorial suggestion was issued, the Jiangjin District Court continued to follow up and urge it, and grasped the rectification difficulties reported by the administrative organs: first, there was a dispute over whether the “a convenience food market and other facilities” referred to in the warning film included an auto repair shop and a car wash; The construction project of an auto repair plant was submitted to the district government for approval by the former Jiangjin District Municipal Landscape Bureau. The renovation and expansion have historical origins. Third, the auto repair plant and car wash are private enterprises, which involve the interests of people's livelihood and have certain difficulties in rectification. .
In response to the above differences in understanding, the Jiangjin District Court, relying on the city's "River Chief + Procurator-General" collaboration mechanism, strengthened communication with the District Water Conservancy Bureau, held several working joint meetings, and discussed rectification difficulties one by one to jointly determine unified rectification ideas and measures.
The two parties took the lead in holding a joint promotion meeting with the participation of urban management, environmental protection, housing construction and other functional departments to decompose key and difficult issues, and jointly listened to the opinions of the parties in an auto repair factory, and patiently explained the law, within the scope of the law. Helped to solve their reasonable demands, dispelled the demolition concerns, and promptly reported to the higher authorities, facilitated the Jiangjin District Government to organize two special meetings on the demolition of the auto repair plant, and coordinated the agreed relocation.
At the same time, the procuratorial organs put forward practical suggestions such as setting up, standardizing the management of temporary vegetable markets, and providing compensation to relocated enterprises in response to the practical problems that the convenience vegetable market involved in the case is the main living material procurement place for residents in the old city.
This case was coordinated by the Chongqing Municipal People's Procuratorate, the Chongqing River Chief's Office, and the Jiangjin District Party Committee. The Chongqing Municipal Water Conservancy Bureau gave on-site guidance. The Jiangjin District Government issued a work plan for rectification, instructing the district water conservancy, urban management, and commercial committees and other departments to make joint rectifications within a time limit and in accordance with the law. Demolition of illegal fixed structures that encroach on river channels and shorelines, such as an auto repair plant.
On May 17, 2021, the District Water Conservancy Bureau issued a notice to He Moumou to order rectification within a time limit, and reached an agreement with him to negotiate with him on compliance compensation for demolition and relocation.
As of October 31 of the same year, all rectification work has been completed in this case. A total of more than 1,300 square meters of permanent fixed buildings (1,132 square meters of auto repair factories and 170 square meters of vegetable markets) affected by flooding have been demolished, and about 700 square meters of temporary stalls have been renovated. , 120 meters of coastline was reshaped and restored, and the hidden dangers that hindered flood safety were completely eliminated.
On January 5, 2022, the issue of encroaching on the Yangtze River coastline has been checked and accepted, and the work of rectifying and canceling the number of issues disclosed in the ecological environment warning film of the Yangtze River Economic Belt has been completed.
【Typical meaning】
When General Secretary Xi Jinping inspected Chongqing, he emphasized that the restoration of the ecological environment of the Yangtze River should be placed in an overwhelming position, and major protection should be emphasized instead of major development.
In response to the feedback of the ecological environment warning film in the Yangtze River Economic Belt, the procuratorial organs conducted a comprehensive investigation on a point-to-point basis, strengthened communication with the water conservancy authority by relying on the cooperation mechanism, took the initiative to report to the local party committee and government, and coordinated to ensure the production and operation of enterprises and the normal life of the masses. Properly handle the work suggestions on people's livelihood issues, ensure that the social order is stable and stable after the rectification, and achieve a good case-handling effect of the protection of the Yangtze River coastline, the restoration of the environment and ecology, and the protection of residents' lives.
Case 3
Public Interest Litigation Case of Procuratorial Organs of Yangzhou City, Jiangsu Province Urging the Remediation of a Company’s Occupation of Liaojiagou River Channel
【Key words】
Administrative Public Interest Litigation Pre-litigation Procedures for Integrated Case Handling of Shoreline Protection
【gist】
Procuratorial organs perform public interest litigation functions, urge water conservancy departments to strengthen the protection of river and lake shorelines, demolish illegal buildings occupying river courses, and ensure the safety of urban drinking water sources.
According to the "Water Law of the People's Republic of China", "The Flood Control Law of the People's Republic of China" and other regulations, promote the joint performance of multiple parties, introduce the company involved in the pre-litigation consultation, and form a joint protection force; promote the company's compliant operation through case handling, and achieve ecological public welfare and corporate benefits Win-win situation; improve the mechanism construction according to the law, and systematically create a long-term governance plan for the water-related field.
【Basic case】
Liaojiagou is one of the main flood discharge channels of the Huaihe River. It is connected to Shaobo Lake in the north and the Yangtze River in the south. It is a drinking water source protection area in Yangzhou City, Jiangsu Province.
In July 2012, a building materials company in Yangzhou illegally occupied 26 acres of land in Liaojiagou without the permission of the water conservancy and other administrative departments to build a mixing station, office buildings and other facilities.
From 2013 to 2019, the Water Conservancy Bureau of Guangling District, Yangzhou City has repeatedly imposed administrative penalties on the company such as fines and demolition of illegal buildings.
The company did not dismantle it within the time limit, and still occupied the river for a long time, harming social welfare.
【Investigate and supervise the performance of duties】
In October 2019, the People's Procuratorate of Guangling District, Yangzhou City (hereinafter referred to as the Guangling District Court) found that a building materials company in Yangzhou occupied Liaojiagou to build illegal buildings during the performance of its duties. Hong security.
At the end of October of the same year, the Guangling District Court started the public interest litigation procedure, visited the water conservancy, the local town government and other departments to collect law enforcement materials and find out the basic case. However, when a company did not clean it up by itself, the bureau failed to dismantle it in accordance with the provisions of Article 65 of the "Water Law of the People's Republic of China", resulting in continuous damage to social welfare.
On November 11 of the same year, the Guangling District Court filed an administrative public interest lawsuit against the water conservancy, subordinate town government and other administrative agencies in accordance with the law, issued a pre-litigation procuratorial proposal, and urged all parties to perform their duties in an all-round way and work together to rectify.
In view of the illegal act of the building materials company encroaching on the river and endangering the public welfare, the Guangling District Court transferred clues to the Yangzhou Municipal People's Procuratorate (hereinafter referred to as the Yangzhou Municipal Court).
On November 6 of the same year, the Yangzhou Municipal People's Court filed a civil public interest lawsuit, and then conducted inquiries and conversations with the person in charge of the company, analyzed legal risks, and provided reasonable suggestions; coordinated and coordinated the civil and administrative public interest lawsuit prosecution procedures, and created a communication system for enterprises to participate in. good condition.
After that, the Yangzhou Municipal People's Court directed the Guangling District Court to organize water conservancy, local town government and other departments to carry out administrative consultations, introduce the companies involved, and hold judicial, administrative and civil roundtable meetings to jointly formulate rectification plans; , allowing a certain grace period to win the understanding and cooperation of the enterprise.
At the beginning of 2020, the building materials company demolished all illegal buildings on time, and the problem for many years was finally solved.
The procuratorial organ of Yangzhou City, Jiangsu Province urges the rectification of a public interest litigation case involving the occupation of Liaojiagou River by a company, and the video of the building materials company involved in the demolition of illegal buildings.
Yangzhou's procuratorate and water conservancy departments have focused on universal prevention and improved water management on the basis of strengthening case-by-case collaboration.
Yangzhou Municipal People's Court and Yangzhou River Chief System Work Office jointly established the city's "River (Lake) Chief + Procurator-General" working mechanism; Yangzhou Jiangdu District People's Procuratorate and Jiangdu District Water Affairs Bureau and other 12 units established the "South-to-North Water Diversion Eastern Route Source Ecological Protection" Alliance”; the Yangzhou Municipal Court, the Office of the Fisheries Management Committee of Gaobao Shaobo Lake in Jiangsu Province, and the Yangzhou Intermediate People’s Court jointly built the Gaoyou Lake Ecological Environment Judicial Restoration Base to promote the formation of a joint management pattern.
【Typical meaning】
In this case, procuratorial public interest litigation promotes administrative co-management, embodies the synergy of "water administrative law enforcement + procuratorial public interest litigation", provides procuratorial assistance for solving law enforcement problems, and achieves the best judicial status for pre-litigation public welfare protection.
Comprehensive use of civil public interest litigation and administrative public interest litigation has facilitated multiple functional departments to jointly manage multi-factor illegal acts such as long-term occupation of water source protection areas and endangering flood safety. The effect of solving problems without complaining.
Case 4
The People's Procuratorate of Yangquan City, Shanxi Province urges the promotion of the administrative public interest litigation for the construction of the Longhuakou Reservoir in Yu County
【Key words】
Administrative Public Interest Litigation Pre-litigation Procedures Water Resources Protection and People's Livelihood Project
【gist】
In response to the problem that the Yuxian Longhuakou Reservoir project was blocked due to the resettlement relocation and could not store water as planned, the procuratorial organs urged the administrative organs to fully perform their duties in accordance with the law, and promoted the complete solution of the relocation problem in a short period of time. The people's livelihood project has been effective and the people's drinking water is safe.
【Basic case】
Shanxi is located in the middle reaches of the Yellow River and lacks water resources. Yangquan is located in the eastern part of Shanxi. It is the only city in the province without a backup source of drinking water for a long time. The water problem is an important concern of the local party committee, government and the general public.
Yuxian Longhuakou Reservoir is located at the junction of Xiazhuang Village and Huili Village in the lower reaches of the Longhua River Basin in Yuxian County, with a water area of 3 square kilometers, a total storage capacity of 30.01 million cubic meters, and a total investment of 486 million yuan. One of the emergency projects, it will serve as the main source of drinking water for local residents and an important ecological barrier after completion.
The reservoir project started construction in May 2008, and the main body of the dam was capped in December 2012.
According to the "Implementation Rules for Relocation and Resettlement of Immigrants in the Reservoir Area of Longhuakou Hydropower Station in Yuxian County", the resettlement of Xiazhuang Village, Xiashe Township, Yuxian County, which is located in the affected area of the reservoir inundation, should be completed before December 31, 2013, but some villagers were not satisfied with the resettlement compensation conditions and other reasons. The relocation was delayed, the project was difficult to advance, and the water storage could not be accepted.
At the same time, garbage left over from demolished houses and domestic garbage and sewage generated by unrelocated villagers have caused serious damage to the environment of the reservoir area. The pollution of drinking water sources continues to accumulate and superimpose, making it difficult for the economic, ecological and social benefits of Longhuakou Reservoir to be brought into full play.
As the main body responsible for the resettlement work in the reservoir area, the Yuxian People's Government has failed to perform its duties in accordance with the law, and the national interests and social public interests have been greatly infringed.
【Investigate and supervise the performance of duties】
On June 22, 2020, the Yangquan City People's Procuratorate (hereinafter referred to as the Yangquan City Court) found that the Longhuakou Reservoir in Yuxian County had an impact on the local ecological environment and the safety of drinking water for the people due to resettlement and other issues.
On June 29 of the same year, the Yangquan Municipal Court decided to file an administrative public interest lawsuit against the clue, and took this case as an exploration and practice of the "Headmaster + Prosecutor-General" mechanism.
On July 6 of the same year, the Yangquan Municipal Court publicly announced to the Yuxian People’s Government that it had served the pre-litigation procuratorial proposal, suggesting that it should perform its statutory duties in accordance with the law for the relocation and resettlement of the Longhuakou Reservoir in Yuxian County, fully complete the relocation and resettlement tasks, and restore the ecology of the reservoir area. environment, realize sufficient water storage in Longhuakou Reservoir, and ensure the safety of drinking water for citizens.
During the delivery of the public announcement, the county government promised to complete the relocation and resettlement of all the resettlers in the reservoir area by the end of July, and to complete the cleaning of the bottom of the reservoir by the end of August.
After the issuance of the pre-litigation procuratorial proposal, the Yangquan City Court closely followed up to understand the difficulties and obstacles in the resettlement of immigrants, provided legal and policy guidance in a targeted manner, and cooperated with the administrative organs for many times to carry out legal interpretation and reasoning.
The county government coordinated to solve the problem and completed the last household relocation on July 24 of the same year.
On September 1, 2020, the Yuxian People's Government replied in writing that the remaining villagers in the reservoir area who had not been relocated for a long time due to historical reasons have all been relocated, their houses have been demolished, and more than 100,000 tons of various domestic and construction wastes have been cleaned at the bottom of the reservoir. The great improvement has laid the foundation for the sufficient water storage of the reservoir and the vigorous promotion of the Yangquan drinking water backup water source diversion project.
The Yangquan Municipal People's Court went to the rectification site to inspect and follow-up supervision, and confirmed that the problems involved have been rectified in place.
The Longhuakou Reservoir in Yuxian County was included in the "List of Key Projects and Newly Started Major Infrastructure Projects in Shanxi Province in 2021", with an estimated total investment of 2.03 billion yuan.
The Longhuakou Reservoir will replace Niangziguan as the main water supply source in Yangquan City, completely changing the current situation of a single local water source and ensuring the drinking water safety of 1.4 million residents.
【Typical meaning】
The Longhuakou Reservoir involved in this case is the only backup water source project in Yangquan, which is closely related to the vital interests of the people, local ecological conservation and economic and social development.
The procuratorial organs are able to perform their duties proactively, serve pre-litigation procuratorial suggestions through public announcements, and coordinate to promote governance during follow-up supervision, break the deadlock for many years, lay the foundation for changing the status quo of local drinking water sources, and enrich the “River Chief + Chief Prosecutor” mechanism. In judicial practice, the advantages of the procuratorial public interest litigation system are fully demonstrated, which is a vivid embodiment of the judicial concept of win-win, multi-win and win-win.
Case 5
The People's Procuratorate of Anren County, Hunan Province urges the protection of geothermal water resources in Wantian Village, Longhai Town, an administrative public interest litigation case
【Key words】
Administrative Public Interest Litigation Pre-litigation Procedure Groundwater Resource Protection System Governance
【gist】
In response to the destruction of geothermal water, permanent basic farmland and other natural resources, the procuratorial organs urge the water conservancy, natural resources, agriculture and rural areas, market supervision, territorial governments and other administrative organs with different supervision responsibilities to fully perform their duties in accordance with the law. Collaborate with law enforcement to promote systematic governance of issues such as illegal water intake, illegal business operations, and unauthorized occupation of cultivated land.
【Basic case】
Since 2010, 31 hot spring business sites in Wantian Village, Longhai Town, Anren County, Hunan Province have not applied for water licenses, mining licenses, water resource fees, or business licenses, and have illegally occupied permanent basic farmland for drilling and drilling. Hot water, and carry out hot spring business activities.
Some permanent basic farmland nearby has collapsed and subsidence problems, there are hidden dangers to the safety of geological disasters, and the geothermal water resources are seriously damaged.
【Investigate and supervise the performance of duties】
In early April 2021, the People's Procuratorate of Anren County, Hunan Province (hereinafter referred to as the Anren County Court) received reports from the public and found out that villagers in Wantian Village, Longhai Town, the county illegally took water for hot spring business activities, infringing on natural resources, and filed a case in accordance with the law. investigation.
The Anren County Court found out: From 2016 to 2020, the Longhai Town People's Government has cooperated with functional departments to rectify the hot spring shops involved, but with little effect; Violating the "Water Law of the People's Republic of China", "Regulations on the Administration of Water Drawing Permits and Collection of Water Resources Fees", "Detailed Rules for the Implementation of the Mineral Resources Law of the People's Republic of China", "Regulations on the Administration of the Collection of Mineral Resources Compensation Fees" and other relevant groundwater resources development, utilization, protection and management The regulations have destroyed the geological and ecological environment, endangered the safety of people's lives and property, and harmed national interests and social public interests.
On April 29, 2021, the Anren County Court issued a pre-litigation procuratorial proposal to the Anren County Water Conservancy Bureau, suggesting that it take effective measures to stop the illegal act of illegally taking water and destroying geothermal water resources by 31 hot spring shops in Wantian Village, Longhai Town, and to take action against it. Conduct a comprehensive investigation and crackdown on illegal water intake within the jurisdiction, and increase the publicity and guidance of the policy and concept of water intake and water use in accordance with the law.
In response to the problems of some hot spring shops occupying permanent basic farmland for water intake and illegal operation without a business license, the Anren County Court simultaneously issued pre-litigation procuratorial suggestions to the county's natural resources, agriculture and rural areas, market supervision, and local township governments, urging them to perform their duties and rectify .
In response to some hot spring shops building a large number of electric poles and wires in basic farmland to extract geothermal water resources, which affects the safety of the people, the Anren County Court issued a comprehensive management inspection proposal to the Anren County Development and Reform Bureau, urging the strengthening of power administrative law enforcement and supervision of power Enterprises improve the power supply system to prevent safety accidents.
After receiving the procuratorial suggestion, Anren County Water Conservancy Bureau and other administrative agencies took the initiative to report to the government, formulate a special rectification action plan under the leadership of the county government, set up a work leading group, and ordered relevant departments to jointly conduct comprehensive rectification of 31 hot spring shops, urging Repair damaged canals, ploughing roads, farmland.
At present, 31 hot spring shops involved in illegal water intake have been closed, all illegal water intake facilities have been dismantled, and the damaged permanent basic farmland has all been restored to planting conditions, and related problems have been comprehensively and systematically addressed.
After that, the Anren County Government made further arrangements for the rational development and utilization of geothermal water resources in Wantian Village, Longhai Town, introducing qualified enterprises for development and operation, promoting employment, and promoting the development of local tourism, catering, characteristic agricultural product trading and other industries.
【Typical meaning】
Geothermal water resources are owned by the state and have significant social, economic and environmental benefits, and should be developed and utilized in an orderly, legal and rational manner.
The procuratorial organs give full play to the procuratorial function of public interest litigation, actively perform their duties, conduct precise supervision, and promote the coordinated performance and systematic rectification of administrative organs such as water conservancy, natural resources, market supervision, and territorial governments, and effectively combat and deter the illegal use of geothermal water. Awareness of the rule of law to jointly protect natural resources.
The procuratorial organs extend the tentacles of handling cases, strengthen comprehensive governance, and issue procuratorial recommendations for comprehensive governance in response to issues such as public safety and disorderly operation that are discovered, assist in the centralized development of geothermal water resources in accordance with the law, and strive to achieve government administration according to law, people to act according to law, and rural revitalization according to law. , Procuratorial public welfare protection of win-win and win-win situation.
Case 6
The People's Procuratorate of Longquanyi District, Chengdu City, Sichuan Province urges the rectification of the administrative public interest litigation case for illegal extraction of groundwater
【Key words】
Administrative Public Interest Litigation Pre-litigation Procedure Groundwater Resource Protection System Governance Escorts the Development of Private Enterprises
【gist】
After the procuratorial organs discovered the illegal extraction of groundwater by township private enterprises, they urged relevant departments to jointly rectify through the public interest litigation procuratorial function, and promoted the systematic governance, source governance and comprehensive governance of groundwater overexploitation in Chengdu; Solve the problem of water intake in the production and operation of private enterprises.
【Basic case】
Chengdu Longquanyi District People's Procuratorate (hereinafter referred to as Longquanyi District Court) visited and found that a washing company in Sichuan was established on May 23, 2017, mainly engaged in the washing business of hotel supplies that consumes a lot of water, with an annual turnover of more than 3 million yuan.
The company did not apply for a license for groundwater abstraction, and drilled wells in the plant to extract groundwater for production and operation, which damaged and polluted water resources, violating the "Water Law of the People's Republic of China" and other laws and regulations.
Relevant departments failed to perform their duties of supervision over the protection of groundwater resources in accordance with the law, and failed to investigate and punish the company's illegal activities in a timely manner, resulting in long-term damage to groundwater resources and infringing public interests.
【Investigation and Supervision of Duty Performance】
龙泉驿区院于2020年2月26日立案，通过询问公司负责人、现场勘验、向案涉地村民小组了解情况、向成都市龙泉驿区水务局调取行政许可手续等调查取证工作，证实四川某洗涤公司在未取得取水许可的情况下违法抽取地下水用于生产经营，相关职能部门未依法查处，违反了《中华人民共和国水法》第四十八条、第六十九条之规定。据此，龙泉驿区院于2020年4月22日向该区水务局发出行政公益诉讼诉前检察建议，建议其履行地下水资源保护职责，依法查处四川某洗涤公司违法抽取地下水的行为。成都市龙泉驿区水务局于2020年4月23日向涉案公司下达责令限期整改通知书，责令该公司在7日内停止违法行为，又于同年5月3日作出罚款2万元的行政处罚决定。之后，该公司停止了违法行为并全额缴纳罚款。
为确保四川某洗涤公司能继续正常生产经营，龙泉驿区院与该公司所在的西河街道办事处、成都市龙泉驿区自来水公司等单位沟通协商，推动乡镇自来水管网铺设规划工作。在多方努力下，2020年6月，四川某洗涤公司接入自来水管网，其生产经营用水难问题得以彻底解决。
结合本案办理，成都市人民检察院(以下简称成都市院)于2020年5月在全市检察机关开展为期一年的违法抽取地下水问题整治专项监督活动，两级院共发出诉前检察建议45件。2021年6月2日，成都市院向成都市水务局提出社会治理检察建议，建议对违法抽取地下水问题开展行业整顿。成都市水务局收到检察建议后，部署开展了违法抽取地下水专项整治行动，印发《成都市取用水管理监督检查工作方案》，重点对城乡结合部、农村、工业园区及用水量较大的行业开展专项监督检查，共发现无取水许可证取水272户。截至目前，相关问题已全部完成整改，水务部门对案涉企业罚款共计69.7万元。同时，全市水务部门与市场监管、属地街道乡镇等单位建立违法取水问题整治联动工作机制。一是全面排查全市所有地下水取水口取水计量设施的安装情况，对全市1918个地下水取水口全部安装取水计量设施，所有地下水纸质取水许可证全部转换成电子证照；二是开展全市水资源监测体系总体方案编制工作，加快建立覆盖地下水、地表水取水口的监测计量体系，依托成都市水务局的“智慧水务”平台建立水资源信息化管理系统，提升取用水管理的精细化水平；三是在“世界水日”“中国水周”开展法治宣传20余次，发放宣传资料6000余份，宣传水资源相关法律法规及管理制度，切实提高全社会节约保护水资源的意识。
【典型意义】
成都地层为第四纪沉淀物，含沙量较重，地下水超采会导致地下水位持续下降，从而引发地层结构变化，影响成都的高质量发展。检察机关聚焦乡镇民营企业违法抽取地下水问题，以个案办理带动职能部门、检察系统开展专项监督，推动解决违法抽取地下水行为发现难、查处难、常态化监管难等问题。同时，注重保护民营企业合法权益，协调多单位帮助企业解决经营取水困难，助力企业绿色健康发展。
案例七
海南省三亚市人民检察院督促保护地下水资源行政公益诉讼案
【关键词】
行政公益诉讼 地下水资源保护 源头治理
【要旨】
针对混凝土搅拌企业大量违法使用地下水危害水资源的行为，检察机关制发行政公益诉讼诉前检察建议督促行政机关履职；因行政机关未依法全面运用监管手段制止违法行为，检察机关提起行政公益诉讼、推动源头治理，促进依法行政、严格执法，确保地下水资源得到有效保护。
【基本案情】
2010年10月，三亚金某混凝土有限公司(以下简称金某混凝土公司)未经批准开凿两口新井，每口井的设计出水量为每小时20立方米。该公司2017年、2018年、2019年1月至8月混凝土生产量分别为288529.32立方米、368183.1立方米、121707.06立方米，自来水用水量分别为3707立方米、18323立方米、12640立方米。根据混凝土生产用水配比，扣减其自来水用量，该公司违法取用地下水量明显超出法律规定应当办理取水许可证和缴纳水资源费的最低标准，即年取水量1000立方米的限定。
2016年9月、2018年8月，三亚市水务局先后2次督促三亚市海棠区海洋水务局(以下简称海棠区海洋水务局)对金某混凝土公司涉嫌违法取用地下水资源的行为进行查处，该局均未依法采取相应措施，国家利益和社会公共利益持续遭受损害。
【调查和督促履职】
2019年5月，三亚市城郊人民检察院(以下简称三亚城郊院)在调查金某混凝土公司扬尘污染问题时，发现该公司存在违法取用地下水的行为，多次走访三亚市水务局沟通取证，全面了解前期行政履职情况。2019年7月23日，三亚城郊院决定进行行政公益诉讼立案，通过勘验拍照、询问证人等方式固定现场证据，调取水务部门巡查履职等材料；同年7月26日，向海棠区海洋水务局发出诉前检察建议，建议依法履行水资源保护职责，查处金某混凝土公司等主体的违法行为。海棠区海洋水务局未能在法定期限内回复，经多次督促后于2019年10月31日回函称，金某混凝土公司等6家混凝土生产企业年取水量均未超过1000立方米，无需办理取水许可证及缴纳水资源费，已对上述违规取水企业作出《限期拆除(封闭)通知书》。三亚城郊院对此跟进发现，海棠区海洋水务局虽然封闭了地下取水井口，但未依法履行罚款和追缴水资源费等职责。
【诉讼过程】
根据海南省高级人民法院关于集中管辖的规定，三亚城郊院将该案提请三亚市人民检察院(以下简称三亚市院)审查起诉。2019年12月23日，三亚市院向三亚市中级人民法院提起行政公益诉讼，请求判令海棠区海洋水务局继续履行职责，依法查处金某混凝土公司取用地下水的违法行为、追缴水资源费，并作出相应的行政处罚，督促落实到位。
针对金某混凝土公司违法取用地下水的年取水量是否超过1000立方米的焦点问题，三亚市院提供了该公司2017年至2019年的混凝土生产量、供水记录，并根据该公司的混凝土基准配水比进一步论证其年用水量已经远超1000立方米。三亚市中级人民法院经过审理，采信检察机关意见，认定海棠区海洋水务局回函中“该6家混凝土企业(含金某混凝土公司)年度地下水取水量很少或未取用地下水”的结论是在未经认真调查核实的情况下做出的，海棠区海洋水务局应依法对涉案公司违规取用地下水的行为进行处罚。诉讼过程中，海棠区海洋水务局对金某混凝土公司追缴水资源费44396元、处罚金30000元，并全部履行到位。三亚市院依法变更诉讼请求为确认行政行为违法。2020年5月23日，三亚市中级人民法院判决支持检察机关诉讼请求。
三亚市检察机关以此案为契机，联合三亚市水务系统，对辖区混凝土搅拌企业未经批准擅自取用地下水的行为开展专项整治，共查处混凝土搅拌企业12家，封闭地下取水井14口，追缴水资源费75.67万元，罚款14万元。同时，针对《三亚市水资源管理办法》缩小了《取水许可和水资源费征收管理条例》设定的取水许可事项范围，与《中华人民共和国水法》等上位法相抵触的问题，向三亚市水务局和三亚市司法局反馈，推动三亚市政府依法废止该规范性文件。
【典型意义】
地下水是水资源的重要组成部分，针对混凝土搅拌企业大量违法使用地下水危害水资源的问题，检察机关依法开展行政公益诉讼办案，有力促进行政机关严格落实水资源管理制度，有效履职查处违法取用水行为。同时，加强与行政机关的协同，推动源头治理，延伸办案效果，开展系统整治，规范取用水行为，确保水资源集约节约安全利用。
案例八
浙江省绍兴市越城区人民检察院诉王某甲等七人危害钱塘江海塘防洪安全刑事附带民事公益诉讼案
【关键词】
刑事附带民事公益诉讼 水灾害防治 犯罪线索移送 “河长+检察长”协作机制
【要旨】
检察机关与水利部门充分发挥“河长+检察长”机制作用，针对挖掘一线海塘用于倾倒工程渣土，严重危害海塘防洪安全的违法行为，在追究违法行为人公益损害责任的同时，深挖刑事犯罪线索，依法提起刑事附带民事公益诉讼，形成保护海塘合力，有效防治水灾害发生。
【基本案情】
2020年7月汛期期间，王某甲、俞某等人经过预谋，利用挖掘机在绍兴市越城区钱塘江与曹娥江交汇处的钱塘江海塘开挖深坑，其中在护塘地共计开挖4处面积达1716平方米的深沟，为非法倾倒工程渣土准备场地；在背水坡开挖1处长7米宽4米深2.5米的深坑作“中转站”，为转运渣土提供便利。经王某乙介绍，周某管理的渣土车队在此区域偷倒工程渣土43车，渣土均被堆弃在护塘地上。上述行为既破坏海塘堤身原始断面和坡面植被，影响海塘防渗和稳定安全，又影响了护塘河河岸稳定，缩窄河道过流断面，妨碍行洪安全。
浙江省绍兴市越城区人民检察院诉王某甲等七人危害钱塘江海塘防洪安全刑事附带民事公益诉讼案，航拍案发现场视频。
【调查和诉讼】
浙江省绍兴市越城区水利局(以下简称区水利局)按照《浙江省人民检察院 浙江省水利厅关于加强水利领域公益诉讼工作协作的意见》要求，根据“河长+检察长”协作机制，将本案公益诉讼线索移送浙江省绍兴市越城区人民检察院(以下简称越城区院)。检察机关立案后，于2020年7月31日联合区水利局进行现场勘察，调查认为上述行为违反了《中华人民共和国水法》《中华人民共和国防洪法》《浙江省水利工程安全管理条例》及《浙江省海塘建设管理条例》等规定，在损害社会公益的同时涉嫌刑事犯罪，遂将案件线索移送公安机关。
2020年8月8日，公安机关以故意毁坏财物罪立案。为查明案件事实，精准打击犯罪，越城区院介入引导公安侦查。针对办案中涉及水利专业问题，越城区院商请区水利局委托浙江省水利水电勘测设计院开展安全影响评估和修复设计。经评估，相关人员在钱塘江海塘开挖深坑、弃置渣土的行为，严重影响海塘防渗和行洪安全。越城区院综合全案证据，根据安全影响评估意见、修复方案等，最终以以危险方法危害公共安全罪进行批捕、起诉，并提起附带民事公益诉讼。2021年1月，区水利局委托有资质的机构对涉案海塘进行应急修复，于主汛期前完工并经验收合格。
2021年4月13日，越城区院向浙江省绍兴市越城区人民法院提起刑事附带民事公益诉讼，在依法追究王某甲、俞某等5名被告人刑事责任的同时，诉请判令5名被告连带承担受损海塘的全部修复费用23.8万余元；王某乙、周某2人的行为虽不构成犯罪，但其非法倾倒工程渣土的行为构成共同侵权，亦应承担渣土清运等4万余元费用的民事赔偿责任。
2021年5月28日，浙江省绍兴市越城区人民法院经审理当庭作出判决，5名被告人因犯以危险方法危害公共安全罪分别被判处一年六个月到三年不等的有期徒刑，对检察机关提出的民事公益诉讼请求全部予以支持。涉案全部被告(人)均认罪服判，主动缴纳了赔偿款。案后，越城区院、区水利局在案发现场设立海塘安全警示教育点，联合开展警示教育，提升公众共同守护钱塘江堤坝安全的意识。
【典型意义】
钱塘江一线海塘经历过钱塘江大潮、特大台风考验，维系着数百万人的生命财产安全，是一道重要的安全屏障。检察机关与水利部门建立水利领域公益诉讼工作协作机制，加强公益诉讼案件线索移送，在办案中相互提供专业支持，形成工作合力，为案件准确办理提供有力支撑。检察机关通过依法能动履职，准确惩办违法犯罪，挽回公益损失，有效维护了国家和社会公共利益。
案例九
江苏省建湖县人民检察院诉张某某等人长江非法采砂刑事附带民事公益诉讼案
【关键词】
刑事附带民事公益诉讼 长江水生态保护 惩罚性赔偿
【要旨】
检察机关在办理非法采砂等涉水领域公益诉讼案件时，坚持内外协作，争取水利部门专业人员的“外脑”支持，邀请参与调查核实，并根据专业指导意见，对水生态功能损害进行全面评估量化。以水生态功能损害造成的损失为基数，综合考虑侵权人恶意程度、行为后果等因素，依法适用《中华人民共和国民法典》环境侵权惩罚性赔偿条款，诉请承担相应的惩罚性赔偿。
【基本案情】
2021年3月至7月，张某某、章某某等32人相互通谋结伙，利用非法改装的隐形吸砂泵船，在安徽省铜陵淡水豚国家级自然保护区河段上下断面之间的禁采区非法采砂，直接输送至运砂船进行销售。犯罪团伙改装、盗采、过驳、运输、销售全链条作业，至案发时累计作案10起，盗采江砂46765吨、价值289.31万元，造成长江江砂资源和生态环境严重破坏。马某某明知江砂系盗采，仍收购1700吨并出售。
【调查和诉讼】
该案系2021年3月1日《中华人民共和国长江保护法》实施后，发生在长江上的一起特大非法采砂案，系公安部“长江大保护”专案，由最高检跨省指定管辖并与公安部联合挂牌督办。2021年9月，江苏省建湖县人民检察院(以下简称建湖县院)在提前介入张某某、章某某等人涉嫌非法采矿罪一案时发现，涉案非法采矿行为可能破坏生态环境、损害社会公共利益，遂于2021年9月23日决定进行刑事附带民事公益诉讼立案，并依法发布公告、开展调查。
调查过程中，建湖县院商请特邀检察官助理、县水利局专业人员参与办案、提供指导，并于同年10月21日共同赴安徽江段实地调查。经过联合走访相关单位，了解采砂地点生态环境和生物资源特殊性，确认采砂地点位于安徽省铜陵淡水豚国家级自然保护区河段上下断面之间的禁采区。该保护区是世界上首座利用半自然条件，对江豚等野生动物进行异地养护的场所，有着特殊、丰富的动植物资源。安徽省长江河道采砂管理局、铜陵市水利局依据商请，分别出具情况说明，证明铜陵市长江干流水域未设置规划采区，且在2020年1月以后长江安徽段未发放采砂许可证，进一步确认涉案采砂行为的违法性。
水利局专业人员参与调查后提出，鉴于采砂水域的特殊性，应当对河床结构、水生生物、生态服务功能等进行全面量化评估。经委托南京大学环境规划设计研究院技术评估，非法采矿行为造成江砂资源损失估算体积23382.52立方米，矿产资源和生态环境损害评估数额5157476.86元，其中江砂资源和河床结构损失4910329.2元；鱼类资源损失96146.02元；底栖生物恢复费用14884.62元；生态服务功能损害101557.02元；监测费用34560元。另查明，张某某曾因犯非法采矿罪被判处刑罚，鲍某某因涉嫌非法采矿罪被取保候审期间再次实施非法采矿行为。
2021年12月29日，江苏省建湖县公安局以张某某、章某某等32人涉嫌非法采矿罪、马某某涉嫌掩饰、隐瞒犯罪所得罪移送审查起诉。2022年1月28日，建湖县院向江苏省东台市人民法院提起公诉。2022年2月11日，根据涉案人员的具体分工、作用不同，对33名被告人中的采砂船船主、运砂船船主等14人提起附带民事公益诉讼，诉其在各自参与采砂数量范围内连带赔偿生态环境损害5157476.86元、技术评估费用280000元，在国家级媒体公开赔礼道歉。同时对有前科劣迹的张某某、鲍某某二人，依据《中华人民共和国民法典》第一千二百三十二条规定，诉请对其参与部分另行承担一倍生态环境损害惩罚性赔偿责任135445.02元、12688.88元。
2022年3月1日，经江苏省东台市人民法院审理并当庭宣判，33名被告人被依法判处一年至四年六个月不等有期徒刑，并处罚金；同时，法院支持检察机关的全部公益诉讼请求。目前判决已生效。
【典型意义】
长江江砂不仅是宝贵的自然资源，也是长江鱼类和底栖动植物赖以生存的生态栖息地，兼具经济资源属性和生态功能价值。本案中，建湖县院通过跨部门协作和跨区域配合，针对采砂水域的特殊性，借助水利部门支持，进行专业规范调查和系统全面评估。据此突破传统补偿性责任诉求，以水生态功能损害造成的损失为基数，适用《中华人民共和国民法典》《最高人民法院关于审理生态环境侵权纠纷案件适用惩罚性赔偿的解释》等规定，对有前科劣迹的2名被告单独诉请承担惩罚性赔偿，实现公益诉讼的惩戒和预防功能，放大警示效果。
案例十
广东省佛山市顺德区人民检察院诉林某泉等九人非法采砂刑事附带民事公益诉讼案
【关键词】
刑事附带民事公益诉讼 水生态保护 水利设施安全
【要旨】
长期大量盗采河砂对河流水生态系统和水利设施安全造成破坏，损害社会公共利益。检察机关与水利部门加强协作，通过提起刑事附带民事公益诉讼，依法追究侵权人巨额民事赔偿责任，为修复水生态系统、保护水利工程、保障防洪、航运安全等贡献检察力量。
【基本案情】
2000年至2018年，林某泉、林某明等9人在广东省佛山市三水区通过组织、领导黑社会性质组织，实施违法犯罪行为，长期在北江干流三水河段、北江支流芦苞涌等河段流域，非法盗采河砂1238万余立方米，导致河床下降、河岸边坡不稳甚至坍塌，部分河段堤围出现明显地质灾害隐患。北江大堤是国家一级堤防，也是广州、佛山等粤港澳大湾区防御北江洪水的重要屏障，林某泉等9人的非法采砂行为导致北江大堤多处出现安全隐患，危害堤防稳固安全。
【调查和诉讼】
The criminal case of Lin Mouquan and others suspected of organizing and leading a triad organization, bribery, illegal mining and other crimes has been designated by the People's Procuratorate of Shunde District, Foshan City, Guangdong Province (hereinafter referred to as the Shunde District Court) for review and prosecution.
On August 5, 2020, the Shunde District Court decided to file a criminal incidental civil public interest lawsuit against the illegal mining part, and designated a special case handling team to conduct pre-litigation review.
The People's Procuratorate of Guangdong Province and the People's Procuratorate of Foshan City have designated special personnel to follow up and guide.
The Shunde District Court dispatched staff to carry out on-the-spot investigations many times, and went to the Sanshui District Housing and Urban-Rural Development and Water Conservancy Bureau of Foshan City to investigate and collect evidence.
The South China Institute of Environmental Science of the Ministry of Ecology and Environment was entrusted to assign experts to evaluate the results of the ecological and environmental damage in this case. According to the principle of "restore the original state and replace the value", the method of value equivalence analysis was adopted, and the cost of restoration was calculated as the ecological loss quantification. It is an important component of the assessment and accounting losses totaling more than 2.96 billion yuan.
After the expiration of the pre-litigation announcement, upon approval of the application, the Shunde District Court filed a criminal incidental civil public interest lawsuit in accordance with the law.
The People's Court of Shunde District, Foshan City made a first-instance judgment in support of all the prosecution's claims, and sentenced Lin Mouquan and others to fixed-term imprisonment ranging from three years to twenty-four and six months, deprivation of political rights, confiscation of all personal property or fines. At the same time, the defendant Lin Mouquan and other 9 persons were ordered to jointly and severally compensate more than 2.96 billion yuan for ecological environment restoration and other expenses within a time limit, and jointly and severally pay 960,000 yuan for environmental damage assessment, and publicly apologize to the society in the news media at or above the municipal level in Foshan. Apologize.
The judgment also stated that the above-mentioned expenses should be paid to the special fund account for public interest litigation in Foshan City, and indicated that priority should be given to the execution of the public interest litigation judgment in the property disposal opinion accompanying the case.
After the first-instance judgment, Lin Mouquan and others filed an appeal. On March 12, 2021, the Foshan Intermediate People's Court ruled to reject the appeal and upheld the original judgment.
After the judgment came into effect, the Foshan Finance Bureau has completed the “physical storage” of the seized property involved in the case, and the relevant funds have been transferred to the special fund account for public interest litigation in Foshan.
【Typical meaning】
When handling water-related public interest litigation cases, the procuratorial organs work closely with the water conservancy department to give full play to the professional expertise of the water conservancy department and the advantages of being familiar with the actual situation of local water conservancy work, laying a solid foundation for the effective identification of the case and the accurate application of the law, and also for the follow-up water ecology. The efficient and orderly development of related work such as restoration and protection of water conservancy facilities has laid a solid foundation, and the political, social and legal effects of case handling have been unified.