检察公益诉讼

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建筑物外墙脱落风险如何消除? 检察公益诉讼助力守护“头顶上的安全”
Yang Guang Wang· 2025-08-08 10:47
李梅介绍:"南北高架是上海流量非常大的一个交通主动脉,那个建筑物又位于十字路口,剥落的瓷片散落在地上,对于行人、在路边停车的人都会造 成危险,这些肉眼都能观察到。" 央广网北京8月8日消息(总台中国之声记者白杰戈)据中央广播电视总台中国之声报道,建筑物外墙脱落带来的高空坠物风险越来越受关注,正值强降 雨和台风多发的季节,如何提前做好排查、修复,消除隐患?上海的检察机关用公益诉讼的方式作出了探索。 今年5月,上海静安区人民检察院的检察官在辖区走访发现,一座临街楼房的西侧外墙有瓷砖脱落,检察官轩翠告诉中国之声:"我们发现的时候,这个 地方的外墙脱落已经持续6个多月了,但是处理的方式比较简单,仅在人行道上拉了一根警戒的小旗子的线,然后贴了一个'注意安全',这种方式可能很难 消除掉危险。另外,上海这段时间已经是到台风季了,如果不修复的话,风险会持续加大。城市主干道下面紧临人行道、非机动车道,是我们城市公共安全 的领域。" 轩翠介绍,城市公共安全属于检察机关公益诉讼的领域。他们请公益诉讼志愿者、一级注册建筑师李梅到位于南北高架边的这幢建筑楼下,确认隐患的 状态。 这幢楼房大约30米高,脱落和疑似空鼓位于中下部。技术调查 ...
文物无言 守护有力
He Nan Ri Bao· 2025-07-11 00:21
Core Viewpoint - The article emphasizes the importance of cultural heritage protection in Henan province, highlighting the role of public interest litigation in safeguarding ancient artifacts and historical sites, as well as promoting cultural prosperity through legal frameworks [8][11][18]. Group 1: Public Interest Litigation in Cultural Heritage Protection - The newly revised Cultural Relics Protection Law includes provisions for public interest litigation, providing legal grounds for prosecutorial agencies to enhance their responsibilities in cultural heritage protection [8][11]. - The case involving the Tang Dynasty "Sea Beast Grape Mirror" illustrates the application of public interest litigation to hold accountable those who damage cultural relics during illegal transactions [9][11]. - The first civil public interest litigation case in Henan regarding movable cultural relics has set a precedent, emphasizing that cultural relics belong to the public and should be protected [11][12]. Group 2: Protection of Ancient Water Conservancy Facilities - The Five Dragon Mouth ancient water conservancy facility, dating back over 2,200 years, is recognized for its historical significance and ongoing irrigation function, making it a model for integrating cultural heritage protection with public welfare [12][13]. - Efforts are underway to apply for World Irrigation Heritage status for the facility, which would enhance its protection and utilization, thereby boosting Henan's cultural soft power [13][14]. Group 3: Collaborative Efforts in Cultural Heritage Protection - The establishment of a collaborative mechanism between prosecutorial agencies and cultural departments aims to enhance the protection of cultural heritage sites, such as the Zhou Bridge and nearby Bianhe ruins [15][16]. - The "Walking Henan, Understanding China" public welfare action has been initiated to strengthen cooperation between prosecutorial and cultural tourism departments, focusing on cultural market regulation and heritage protection [17][18]. - As of June this year, 499 related cases have been handled, with 366 prosecutorial suggestions issued, showcasing the active role of prosecutorial agencies in cultural heritage protection [17].
最高检发布文物和文化遗产保护检察公益诉讼典型案例
Yang Shi Wang· 2025-06-14 02:15
Core Viewpoint - The Supreme People's Procuratorate has released typical cases of public interest litigation for the protection of cultural relics and heritage, emphasizing the importance of high-quality judicial actions to aid in the preservation of cultural heritage [1][5]. Group 1: Statistics and Trends - From January to May 2025, a total of 2,160 public interest litigation cases related to the protection of cultural relics and heritage were filed nationwide, accounting for 4.61% of the total public interest litigation cases, with a growth rate of 40.1% [1]. - The released cases include six typical examples, highlighting the proactive role of procuratorial organs in supervising administrative agencies that fail to fulfill their duties [1][5]. Group 2: Case Summaries - The cases cover various types of cultural relics, including ancient sites, buildings, and linear cultural heritage, focusing on both high and low-grade relics [2]. - Specific cases include: - The administrative public interest litigation case by the Ma'anshan City Procuratorate regarding the protection of the Wudanggang site [5]. - The case involving the "Dafu Di - Wenguang Archway" in Jiangxi Province, where the local procuratorate intervened due to the owner's inability to repair the dilapidated structure [14][15]. - The case concerning the protection of the Tuo Mountain Grottoes in Shandong Province, where the historical appearance of the relics was severely damaged [21][22]. - The case in Chongqing regarding the illegal transfer of state-owned immovable cultural relics [28][29]. - The case involving the protection of the Wanjia Tea Road cultural heritage in Hubei Province, focusing on the overall protection of linear cultural heritage [34][35]. - The case of the Ming Dynasty Huang Gong Guang Ji Bridge in Henan Province, where the bridge's safety and appearance were compromised due to municipal construction [41][42]. Group 3: Legal and Administrative Actions - The procuratorial organs have emphasized the use of public interest litigation to supervise administrative agencies that neglect their responsibilities, ensuring that cultural relics are effectively protected [13][20]. - The cases demonstrate a shift from individual relic protection to a more systematic approach, focusing on collective protection of similar relics or groups of relics [3]. - The Supreme People's Procuratorate plans to conduct follow-up inspections on previously handled cases, such as the protection of the Great Wall, to ensure compliance with rectification measures [3].
检察公益诉讼动真格让监督更有力
Nan Fang Du Shi Bao· 2025-06-07 12:27
Core Viewpoint - The Supreme People's Procuratorate has released 10 typical cases of public interest litigation related to ecological environment and resource protection, emphasizing the rigid supervisory role of litigation and the importance of actionable cases in guiding precise and normative practices [2][3]. Group 1: Overview of Public Interest Litigation - The ecological environment and resource protection field is a traditional legal area for public interest litigation, covering both civil and administrative types of cases [3]. - From January 2024 to May 2025, a total of 74,000 public interest litigation cases in this field were handled, with 61,000 being administrative cases and over 6,700 lawsuits filed, accounting for 57% of all public interest litigation cases [3]. Group 2: Characteristics of the Released Cases - The selected typical cases highlight the "litigation" characteristic of public interest litigation, addressing key issues and challenges within the field [3]. - The release of these cases serves as a significant guide for handling similar cases, demonstrating that a single case can be more effective than numerous documents in driving action [2]. Group 3: Emphasis on Litigation as a Supervisory Tool - The Supreme People's Procuratorate has called for a focus on public interest protection and the importance of actionable litigation to ensure case quality [4]. - Public interest litigation is not limited to suggestions; it includes various supervisory paths, such as pre-litigation supervision and filing lawsuits, especially when administrative agencies fail to act [4]. Group 4: Real-World Implications of Litigation - In several administrative public interest litigation cases, the procuratorate identified issues of inaction by administrative bodies, leading to the initiation of lawsuits that followed through the entire litigation process [5]. - The ability to pursue litigation to completion, even after administrative rectifications, demonstrates the effectiveness of public interest litigation in ensuring accountability [5][6].
去年以来全省检察机关办理破坏环境资源犯罪案件1512件
Xin Hua Ri Bao· 2025-06-04 23:13
Group 1 - The provincial procuratorate has handled a total of 1,512 environmental resource crime cases involving 3,708 individuals since last year, with a 21.1% decrease in the number of cases accepted for arrest and prosecution in 2024 compared to 2023 [1] - The provincial procuratorate has established over 10 cross-regional cooperation mechanisms with procuratorates in Shanghai, Zhejiang, Shandong, and Anhui to enhance collaboration in addressing ecological and environmental issues [1] - A special action against illegal disposal of hazardous waste and data falsification by key polluting enterprises has resulted in 360 cases involving 1,184 individuals being processed since last year [1] Group 2 - A total of 1,964 administrative public interest litigation cases have been handled, with 406 consultations with administrative agencies and 913 public interest litigation suggestions issued [2] - The procuratorate has employed alternative restoration methods such as restocking, replanting, and carbon sink subscription for cases that cannot be directly restored, leading to the recovery of 17 polluted water sources [2] - Approximately 15,000 tons of illegally stored household waste have been cleared, and nearly 120 million yuan in damage compensation has been collected [2]
海岛“伤疤”修复记
Ren Min Wang· 2025-05-16 01:02
Core Viewpoint - The article highlights the collaborative efforts of the judicial system in Guangdong, China, to address ecological damage caused by illegal activities, specifically focusing on a case of rare plant theft in the Zhuhai area, and the subsequent ecological restoration initiatives undertaken as a result [2][4][6]. Group 1: Ecological Protection and Legal Actions - The Zhuhai-Qiao Island Nature Reserve is a critical ecological area that has faced illegal activities, including the theft of 206 rare plants, which prompted legal action from local prosecutors [2][3]. - The case raised jurisdictional challenges regarding the allocation of fines for ecological restoration, leading to the establishment of a collaborative mechanism among different prosecutorial offices to address cross-regional ecological damage [3][4]. Group 2: Restoration Efforts and Financial Implications - A total of 82,000 yuan was assessed as the cost for ecological restoration following the theft, which included the planting of 250 new trees to replace the lost flora [6][8]. - The prosecutors successfully negotiated a compensation agreement with the offenders, who acknowledged their wrongdoing and agreed to pay for the ecological damage caused [6][7]. Group 3: Long-term Ecological Governance - The article emphasizes the importance of not only punishing offenders but also implementing preventive measures and comprehensive ecological protection strategies to safeguard the environment [7][8]. - A collaborative mechanism was established to enhance biodiversity protection, including the creation of public interest litigation workstations in key ecological areas [8].
人工智能立法将视情审议,全国人大常委会年度立法计划公布
Nan Fang Du Shi Bao· 2025-05-14 08:05
Legislative Work Plan Overview - The National People's Congress Standing Committee plans to continue reviewing 14 legal proposals and initiate the review of 23 new legal proposals in 2025 [1][2] Key Legal Proposals - The initial review includes significant laws such as the Ecological Environment Code and the Public Interest Litigation Law, which are aimed at enhancing environmental protection and public interest [2][3] - The Ecological Environment Code draft consists of five sections with a total of 1188 articles, focusing on pollution prevention, ecological protection, and green development [3] - The Public Interest Litigation Law aims to address the fragmented legal framework currently in place and adapt to evolving public interests [3] Artificial Intelligence Legislation - The legislative plan emphasizes the need for research and drafting of laws related to the healthy development of artificial intelligence, with a focus on regulating emerging technologies [4] - Previous regulations, such as the "Measures for the Identification of Generative Artificial Intelligence Content," are part of ongoing efforts to establish a legal framework for AI [4] Constitutional Implementation - The plan includes establishing a reporting system for constitutional implementation and enhancing the review of constitutionality in legislative processes [5][6] - It aims to ensure that all proposed laws undergo constitutional scrutiny to maintain the integrity of the legal framework [6] Strengthening Review Mechanisms - The legislative plan proposes improvements to the record review system, including the establishment of a unified platform for legal documents and regulations [7] - It emphasizes the importance of local legislative work and the sharing of best practices among local governments [7]
黄河河道内出现违建影响防洪,检察机关及时出手
Xin Hua She· 2025-04-24 02:44
Group 1 - The Supreme People's Procuratorate reported on April 24 that various illegal activities are harming the Yellow River, including unauthorized construction projects and excessive water extraction without approval [1][2] - From February 2024 to January 2025, 2,719 public interest lawsuits were filed, 2,341 prosecutorial suggestions were issued, and 125 lawsuits were initiated, addressing significant public damage issues [1] - Illegal groundwater extraction is a serious problem in some areas of the Yellow River basin, with projects starting without approved water resource assessment reports [1][2] Group 2 - Industrial parks are facing issues such as wastewater treatment plants exceeding discharge standards and improper landfill management, leading to severe pollution [2] - The construction of unauthorized buildings in the river channel has compromised flood control functions, creating major safety hazards [2] - The procuratorial authorities are emphasizing the need for better protection of cultural heritage and historical sites in the Yellow River basin, urging relevant administrative bodies to fulfill their protective responsibilities [2]