Joke Collection Website - News headlines - Decision of the Standing Committee of the Gansu Provincial People's Congress on Strengthening Procuratorial Public Interest Litigation Work
Decision of the Standing Committee of the Gansu Provincial People's Congress on Strengthening Procuratorial Public Interest Litigation Work
1. Adhere to the rule of law thinking and fully understand the importance of strengthening procuratorial public interest litigation work
Establishing a system for procuratorial organs to initiate public interest litigation is a major measure to comprehensively deepen reform and comprehensively govern the country according to law. , is conducive to optimizing the allocation of judicial powers, improving the litigation system, and improving the judicial protection mechanism of national interests and social public interests; conducive to promoting the construction of a rule of law government, improving the judicial supervision system of administrative power, and further innovating and developing socialist legal supervision with Chinese characteristics system, further exerting the effectiveness of judicial supervision of administration, safeguarding public interests, and further promoting the modernization of the national governance system and governance capabilities are of great practical significance.
State agencies, enterprises and institutions, people's groups and social organizations at all levels in the province must effectively enhance their ideological and behavioral awareness of procuratorial public interest litigation from the perspective of safeguarding the constitution and legal authority, and effectively enhance their sense of responsibility and With a sense of mission, we actively cooperate with and support the procuratorial public interest litigation work, and provide a good legal guarantee for striving to write a chapter of the era of accelerating the construction of a happy and beautiful new Gansu and continuously creating a new situation for enriching the people and rejuvenating Longxi. 2. Adhere to supervision in accordance with the law and innovate and expand the procuratorial public interest litigation work
The procuratorial organs shall handle the ecological environment and resource protection fields in accordance with the law involving the atmosphere, water, soil, solid waste, radioactivity, noise, agricultural non-point sources and other ecological environment Pollution cases; cases of damage to nature reserves, scenic spots, drinking water sources, wetlands and other land resources, mineral resources, forestry resources, grassland resources, water resources, etc.; food and drug safety fields involve production, processing, circulation, sales, etc. Food and drug safety cases; cases involving business, administrative, tax, expense, financial subsidies, social security, etc. in the field of state-owned property protection; cases involving the supply, transfer, and supervision of state-owned land in the field of state-owned land use rights transfer ; The field of protection of heroes and martyrs involves cases of infringement on the names, portraits, reputations, and honors of heroes and martyrs, and cases of embezzlement, destruction, and defacement of memorial facilities for heroes and martyrs.
The procuratorial organs should actively and steadily expand the scope of procuratorial public interest litigation, and can explore handling production safety, fire safety, traffic safety, public facility safety, public health and safety, personal information security, and disabled people , protection of the rights and interests of the elderly, minors, women, Internet infringement, rural revitalization, poverty alleviation, protection of cultural relics and cultural heritage, protection of red cultural resources, and other public interest litigation cases that should be handled by the procuratorate according to law.
The procuratorial organs shall, in accordance with national regulations, strengthen cooperation with the military procuratorial organs in handling public interest litigation cases involving mutual military-civilian involvement in accordance with the law.
In the course of performing their duties, the procuratorial organs discovered that administrative agencies with supervisory and management responsibilities in the fields of ecological environment and resource protection, food and drug safety, protection of state-owned property, transfer of state-owned land use rights, and protection of the honor of heroes and martyrs illegally exercised their powers. If the national interests or the interests of the public are infringed upon, or inaction occurs, procuratorial suggestions shall be made to the administrative agencies to urge them to perform their duties in accordance with the law. If an administrative agency fails to perform its duties in accordance with the law, the procuratorial agency shall file a lawsuit with the People's Court in accordance with the law.
Procuratorial recommendations can be delivered by direct delivery, lien delivery, public announcement, announcement, etc. The delivery of procuratorial recommendations can be made at the procuratorial organ, administrative agency or their superior agency.
The procuratorial organs should strengthen public interest litigation work across administrative regions and establish a centralized jurisdiction mechanism for cases that is coordinated with trial jurisdiction. For cases that have been decided, the implementation of effective judgments should be supervised and the problem of damage to public interests should be effectively solved.
The procuratorial organs should strengthen the construction of public interest litigation teams, innovate and improve public interest litigation mechanisms, standardize their own law enforcement behaviors, allocate and strengthen public interest litigation case-handling forces, strengthen professional training and judicial accountability assessment, and continuously improve public interest litigation The ability and level of the team. 3. Adhere to trials in accordance with the law and make every effort to promote the fair trial and effective implementation of procuratorial public interest litigation
Judicial organs should actively carry out public interest litigation trials and promptly accept and fairly try public interest litigation cases. Applications for property preservation and evidence preservation submitted by the procuratorial organs shall be reviewed in accordance with the law, and a timely ruling shall be made on whether to take preservation measures; if it is ruled that preservation measures shall be taken, they shall be implemented immediately.
When judicial organs hear public interest litigation cases in the field of ecological environment and resource protection, they should clarify in judicial decisions the litigation requests for replanting and reforestation, land reclamation, proliferation and release, alternative restoration, etc. .
The judicial authority should give full play to the preventive and loss-stopping functions of preservation and advance execution. Adhere to the combination of professional trials and public participation, and give full play to the role of people's assessors in public interest litigation.
Judicial organs should continuously promote the standardization and scientificization of public interest litigation trials, improve and standardize the acceptance, jurisdiction, trial, adjudication, and execution procedures of public interest litigation cases, and timely study and resolve issues related to evidence standards, burden of proof, and New issues in the application of law, enforcement of judgments, and court hearing standards.
Judicial organs should increase enforcement efforts and promptly notify relevant administrative departments in writing of effective judgments and rulings in civil and criminal incidental civil public interest litigation cases; if it is necessary to organize ecological restoration and other assisted execution matters, they should promptly notify Notify the relevant administrative agencies; if the defendant fails to perform the effective judgment or ruling, the case shall be transferred for execution in a timely manner; the person subject to execution and the person assisting the execution who fail to perform relevant obligations shall be held accountable in accordance with the law to effectively protect the interests of the country and the interests of the public.
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