According to the website of the Supreme People's Procuratorate, the Supreme People's Procuratorate and the Ministry of Housing and Urban-Rural Development recently jointly issued the "Opinions on Strengthening Coordination and Cooperation in Procuratorial Public Interest Litigation to Do a Good Job in the Protection and Inheritance of Urban and Rural History and Culture in accordance with the Law" (hereinafter referred to as the "Opinions"), strengthening the connection between law enforcement and justice in the field of urban and rural historical and cultural protection and inheritance, promoting the formation of a joint force between administrative law enforcement and procuratorial supervision and protection, and building a legal barrier for the protection of urban and rural historical and cultural heritage in an all-round way.
The "Opinions" aims to deeply study and implement the spirit of the 20th National Congress of the Communist Party of China, conscientiously implement the spirit of General Secretary Xi Jinping's important instructions and instructions on strengthening the protection and inheritance of urban and rural history and culture and strengthening cultural self-confidence, implement the Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Strengthening the Protection and Inheritance of History and Culture in Urban and Rural Construction, give full play to the supervision, support and synergy of procuratorial public interest litigation, and better do a good job in the protection and inheritance of urban and rural history and culture.
The Opinions emphasize that the establishment and improvement of coordination mechanisms between administrative law enforcement and procuratorial public interest litigation in housing and urban-rural construction (planning) departments, promoting benign interaction, and forming a joint force between administrative law enforcement and procuratorial supervision and protection are of positive significance to the systematic protection, utilization and inheritance of historical and cultural heritage. Procuratorial organs at all levels should lawfully advance procuratorial public interest litigation work in the field of urban and rural historical and cultural protection and inheritance, and jointly safeguard the national interest and the social public interest; Housing and urban-rural construction (planning) departments at all levels should fully perform their duties in accordance with law, strictly regulate law enforcement, and coordinate with procuratorial organs to carry out public interest litigation work.
The Opinions specify the key areas for cooperation between the protection and inheritance of urban and rural history and culture and the procuratorial public interest litigation. Focus on violations that infringe upon the national interest or the social public interest, especially illegal acts with serious circumstances, bad impact, and refusal to rectify, focusing on the overall control of historic urban areas, the protection of historical and cultural districts and historic lots, the protection of famous historical and cultural towns and villages, and the protection of historical buildings.
The "Opinions" points out that procuratorial organs at all levels and housing and urban-rural development (planning) departments should further expand communication channels and methods, establish regular and diversified coordination mechanisms, clarify specific cooperation content in areas such as lead transfer, consultation, research and judgment, information sharing, joint special projects, investigation and evidence collection, professional support, and case release, and establish and complete coordination mechanisms for the protection and inheritance of urban and rural history and culture and procuratorial public interest litigation.
The Opinions require that the handling of administrative public interest litigation cases for the protection and inheritance of urban and rural history and culture be standardized. Procuratorial organs at all levels and housing and urban-rural development (planning) departments should adhere to the positioning of the system, clarify the standards for performing their duties and responsibilities, refine and implement specific requirements such as responses to pre-litigation procuratorial suggestions, and administrative public interest litigation prosecution responses, standardize the protection and inheritance of urban and rural history and culture, and handle administrative public interest litigation cases, forming a relationship of both supervision and coordinated performance of duties in accordance with law, to achieve a win-win situation.
The Opinions also provide for the protection of urban and rural history and culture, inheritance of administrative public interest litigation, and collaborative safeguards. Procuratorial organs at all levels and housing and urban-rural development (planning) departments should strengthen organizational safeguards, business exchanges, and publicity and guidance, continuously consolidate the results of cooperation, and expand the influence of cooperation.