On August 28, the Supreme Peoples Procuratorate released six typical cases of public interest litigation of wildlife protection by procuratorial organs. Zhang Xueqiao, Deputy Attorney General of the Supreme Peoples Procuratorate, said that the procuratorial organ will make full use of the consensus, joint efforts and high-pressure situation formed by epidemic prevention and control, and continue to increase the guidance and handling of public interest litigation cases for wildlife protection.
At present, the legal fields of procuratorial public interest litigation in China include ecological environment and resource protection, food and drug safety, state-owned property protection, state-owned land use right transfer and heroic rights and interests protection. According to the environmental protection law and other relevant laws and regulations, wildlife protection belongs to the first ecological environment and resource protection field.
Three of the published cases are criminal incidental civil public interest litigation cases, and the clues of relevant public interest litigation cases are all from criminal cases. The criminal charges involved include the crime of illegal hunting, Killing Precious and endangered wild animals, the crime of illegal acquisition, transportation, sale of precious and endangered wild animals and products, etc. This kind of crime not only destroys the wildlife resources, but also has a great impact on the ecological security of the area where the wildlife involved belongs.
There are also three cases of administrative public interest litigation. In these cases, the procuratorial organ took the initiative to negotiate with the administrative organ and put forward procuratorial suggestions in a targeted manner in response to the administrative supervision loopholes found in the performance of duties or the problems such as inadequate and lax law enforcement, which contributed to the joint efforts of local departments to carry out special rectification of wildlife protection. At the same time, by reporting the situation to the local Party committee and government, the CPPCC National Peoples Congress, we will strive for support and promote the legalization, standardization and institutionalization of wildlife protection.
Zhang Xueqiao said that in the next step, the procuratorial organ will focus on such outstanding problems as illegal acts, lax law enforcement and regulatory loopholes, make full use of procuratorial suggestions, initiate civil public interest litigation, including criminal incidental civil public interest litigation, support prosecution, initiate administrative public interest litigation and other means, investigate the corresponding criminal responsibility and civil responsibility, urge the administrative organ to strictly supervise and supervise the relevant owners To fulfill social responsibilities and jointly punish and prevent illegal acts.
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