“Liupanshui City People’s Congress Standing Committee on strengthening the prosecution of public interest litigation resolution” issued

2022-07-10 0 By

The Liupanshui People’s Procuratorate focused on the cultivation of key points, difficulties, blocking points and highlights of procuratorial public interest litigation work, took the initiative to report to the Standing Committee of the National People’s Congress, and promoted the promulgation of the Resolution of the Standing Committee of the Liupanshui People’s Congress on Strengthening procuratorial Public interest Litigation work.To solve the difficulties and problems in the investigation and evidence collection of procuratorial public interest litigation, the imperfect connection mechanism with relevant units, the insufficient guarantee of cost budget and the non-standard use of compensation management, and provide institutional guarantee for the in-depth development of procuratorial public interest litigation work.It is the first time in the province that the Standing Committee of the National People’s Congress issued a resolution to strengthen and support procuratorial public interest litigation.Focus on the principal responsibility of public interest litigation.”Resolution” clear procuratorial organ stick to work in the city center of gravity and the overall economic and social development, emphasis on the ecological environment and resources protection, food and drug safety, protection of state-owned property, protection of the rights and interests of state-owned land use rights, the heroic martyrs, protection of the rights and interests of minors, military status and rights protection, production safety, and legal domains such as protection of personal information,We will make full use of such methods as consultation on filing cases, supervision by public announcement, procuratorial suggestions, support for prosecution, and initiation of prosecutions to carry out public interest litigation.At the same time, we actively yet prudently expanded the scope of procuratorial public interest litigation, explored the handling of cases of damage to the public interest in areas such as public health, protection of the rights and interests of women and persons with disabilities, and protection of cultural relics and cultural heritage, and intensified public interest protection.Focus on solving difficulties in public interest litigation.The Resolution makes it clear that when procuratorial organs, in accordance with the law, have consulted files or other materials of units under supervision, questioned the parties, outsiders or other relevant persons, and collected evidence, the units and individuals concerned shall provide assistance and cooperation, and shall not shirk responsibility, refuse or obstruct.If a procuratorial organ puts forward a rectification opinion or procuratorial suggestion to the relevant unit in accordance with the law, the unit concerned shall make rectification in a timely manner and give a reply. If there is a different opinion, the unit may explain the situation within a specified time.For units or individuals that refuse to assist in investigation or accept supervision without justifiable reasons, the procuratorial organ may suggest the supervisory organ or the superior competent department of the unit to deal with them according to law and regulations.Public security organs shall promptly deal with those who interfere with or obstruct investigation and evidence collection by means of violence or threat, such as restricting personal freedom, gathering people to besiege, seizing and destroying investigation equipment, and are suspected of illegal or criminal offenses.Focus on the joint efforts of public interest litigation.The resolution stressed that the municipal governments at all levels should strengthen the effective guarantee of procuratorial public interest litigation work, and support reasonable and necessary expenses such as appraisal, inspection and testing, expert consultation and reward for reporting.To administer and use compensation for public interest litigation according to law and regulations;Administrative organs should gradually establish and improve the information sharing mechanism with procuratorial organs, open relevant administrative law enforcement information and database to procuratorial organs in accordance with the law, and transfer public interest litigation case clues to procuratorial organs in a timely manner.In carrying out the investigation of administrative law enforcement, we should take the initiative, objectively, timely and effectively fix the illegal information of administrative law enforcement to provide support for the identification and effective use of administrative law enforcement evidence in the procuratorial public interest litigation.The public security organ shall establish, through consultation with the procuratorial organ, a cooperative mechanism for the two-way transfer of clues and the handling of cases.Judicial administrative organs should speed up the construction of judicial appraisal institutions in areas such as ecological and environmental damage, and actively explore the establishment of procuratorial public interest litigation case identification before charging service guarantee mechanism;The education department should incorporate the protection of public interests into the moral education curriculum of primary and secondary schools and strengthen the awareness of minors to consciously protect public interests.Fourth, focus on the development and education of public interest litigation.The resolution pointed out that procuratorial organs should make full use of 12309 service platform, procuratorial “two micro end” and mobile phone APP to broaden the channels for discovering public interest litigation clues.Appropriate rewards shall be given to those clues of public interest litigation reported by the masses that are verified and verified.It is necessary to further improve the professional quality of procurators and improve the level of science and technology and informatization in handling public interest litigation cases.We should strengthen the publicity of public interest protection and public interest litigation, enhance the awareness of the rule of law and public interest protection of the whole society, and improve the awareness of public interest litigation and public participation.The publicity of procuratorial public interest litigation should be strengthened through timely release of typical cases and interpretation of laws in cases, so as to guide the public to express their demands through legal channels and create a good atmosphere for all sectors of society to participate in and support procuratorial public interest litigation.Declaration: The copyright of this article belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us through the mailbox, we will promptly deal with.Email address: jpbl@jp.jiupainews.com