Write in front
Procuratorial public interest litigation refers to the activities of procuratorial organs to carry out legal supervision over acts that infringe on national interests and social public interests through consultation, procuratorial suggestions and litigation, so as to safeguard the damaged public interest. Carrying out public interest litigation by military procuratorial organs is an inevitable requirement to implement the decision-making arrangements of the CPC Central Committee, the Central Military Commission and President Xi, and an important measure to implement the strategy of administering the army according to law and safeguard national defense and military interests. Since 2018, military procuratorial organs have focused on national defense and military interests among national interests, carried out pilot projects of public interest litigation, handled more than 500 public interest litigation cases with local procuratorial organs, promoted the solution of more than 600 problems such as the protection of military facilities, the confirmation of military land rights, and the protection of military rights and interests, and supervised the rectification of more than 800 problems concerning the protection of memorial facilities for heroes and heroes, effectively solving a number of long-standing problems that have plagued troops and officers and men, and providing a strong legal guarantee for troops to prepare for war. Recently, the Political and Legal Committee of the Central Military Commission issued the Notice on the Public Interest Litigation Work of Military Procuratorial Organs, which provided guidance for the further development of procuratorial public interest litigation work in the army.
From now on, this edition will open the column "Military Procuratorial Public Interest Litigation in Action" to introduce typical cases of military procuratorial organs carrying out public interest litigation involving military rights protection, so as to promote procuratorial public interest litigation to better serve national defense and army building.
Guard the restricted area and ensure the smooth route of warships.
■ Dai Lun Qiao Xuzhe
"Unexpectedly, the long-standing problem that has plagued the security of the military port for many years has finally been solved through procuratorial public interest litigation." Looking at the ships returning to Hong Kong, Captain Song, a naval ship with nearly 30 years of sailing experience, expressed his gratitude to the military and local procuratorial organs.
The sword wears the blue waves, and the athletes defend the sea. In recent years, as a fist force guarding the East China Sea outpost, a certain department of the navy has installed a lot of new equipment. However, the channel of ships entering and leaving the military port has been crowded by local ships, and even there have been safety accidents in which fishing boats hit military docks. The author understands that in the 1990s, the waters of the Ministry were designated as military restricted zones, but due to complex historical reasons, the relevant management system has not been put in place. For a long time, local ships can also sail in at will, which not only seriously affects ship mooring and weapons loading operations, but also brings security risks to military facilities and operations. Previously, the Ministry repeatedly coordinated the relevant departments to strengthen supervision, but it has not been effectively resolved.
"We must never let chronic diseases that harm national defense and military interests affect training and preparation." In June 2020, after receiving the problems reflected by the troops, the Hangzhou Military Procuratorate immediately informed the local procuratorate of the clues. The two sides launched a military-civilian procuratorial cooperation mechanism, set up a joint investigation team, and gradually clarified the rights and responsibilities of all relevant units by investigating the scene, watching surveillance videos, taking aerial photos of drones for evidence collection, in-depth visits and investigations, and consulting historical materials.
According to the relevant laws and regulations on the protection of military facilities, the people’s governments at or above the county level shall set up warning signs in the military restricted zones, and the local administrative departments shall make an announcement to the society. The military and local procuratorial organs convened the resident government, maritime departments and military organs to hold consultations, listen to the opinions of all parties, study solutions, and make clear the rectification plan. Through the joint efforts of all parties, the resident government set up warning signs as required, the maritime department revised the regulations on navigation in sea areas, and announced the scope of navigation ban to the public. At the same time, relevant departments have stepped up administrative law enforcement against vessels trespassing in military restricted zones. Through the joint efforts of the military and local procuratorial organs and the resident government, the hidden dangers affecting the security of the military port have been gradually eliminated.
In recent years, the Military Procuratorate of the Eastern Theater timely organized a comprehensive survey of the protection of the military restricted zones and military administrative zones in the waters of the theater, deployed special supervision activities for public interest litigation in military ports and ship navigation channels, and joined local procuratorial organs to ensure the full implementation of the military "two zones" management system by means of the rule of law, and jointly woven a security protection network for military ports.
Comments: The protection of military restricted zones in waters is directly related to the weapon safety of naval vessels and the secrets of military operations. In this case, the military procuratorial organs actively responded to the concerns of the troops, strengthened the cooperation between the military and local procuratorial organs, strengthened communication and coordination with local administrative organs and troops through joint investigations and joint consultations, determined the contents of rectification, studied countermeasures, and urged relevant units to perform their duties according to law, effectively safeguarding national defense and military interests.
Clear the clearance and protect Hawk from galloping in the blue sky.
■ Li Hongshan Peng Jian
In the night, the lights are flashing, guiding the "way back to camp" for Hawk …
Recently, with the joint efforts of the military and local procuratorial organs, all tall buildings in the airport clearance area of a base of the Air Force were equipped with aviation obstacle indicator lights, ensuring the smooth take-off and landing of fighters.
In recent years, with the rapid development of resident economy and society, a large number of buildings have been built on the land around the air force airport, and some iron towers and high-rise residential buildings have exceeded the height limit of clearance management, which has caused troubles to the flight training of troops and affected the combat readiness training and combat effectiveness generation. In order to ensure flight safety, the base can only adjust the flight route and altitude.
In August last year, the Urumqi Military Procuratorate, in conjunction with local procuratorial organs, launched a special campaign for the clearance protection of military airports to investigate the clearance protection of the airports.
According to the interview statistics, there are hundreds of buildings around the airport that exceed the requirements of airport clearance regulations, which seriously threaten flight safety, and most of these buildings are commercial buildings and residential buildings, which involve a wide range of interests and are difficult to rectify.
In order to give consideration to national defense and military interests, local development and the interests of the masses, the military and local procuratorial organs held several rounds of consultations with the air force and the resident government, studied and put forward the rectification idea of "considering the interests of the people, taking into account the local economy, optimizing the rectification methods and ensuring flight safety", and invited NPC deputies, people’s supervisors, mass representatives and professionals to hold public hearings, listen to opinions and suggestions from all parties, and coordinate professional institutions to conduct aviation evaluation of ultra-high buildings in airport clearance areas. Carry out flight verification, study and formulate a rectification and disposal plan recognized by both military and civilian sides, require the removal of the top appendages of ultra-high buildings, and install aviation obstacle indicator lights for all ultra-high buildings in the airport clearance area to provide guidance for fighter planes to fly at night.
After that, the resident government set up a special class to promote the rectification work, and the military and local procuratorial organs held regular promotion meetings to study and solve contradictions.
"All the ultra-high iron towers have been demolished, and aviation obstacle indicator lights have been installed in public buildings. However, individual community owners are worried that the installation of aviation obstacle indicator lights will damage the structure of their houses and affect their normal lives, and they do not agree to install them on their roofs …" At a promotion meeting, local government staff showed reluctance.
Facing the new situation and new problems, the procuratorial organs gave full play to their professional advantages, set up a publicity team for popularizing the law, went deep into the residential quarters to explain the law door by door, persuaded and mobilized, and finally got the understanding and support of the owners. Through half a year’s efforts, the long-standing problem that plagued the safety of military flight training was successfully solved.
In order to consolidate the rectification effect, Urumqi Military Procuratorate, together with local procuratorial organs, actively negotiated and put forward suggestions with the local military facilities protection committee, jointly did a good job in the protection of military facilities in the jurisdiction, established a long-term mechanism for the clearance protection of military airports, and better guarded the clearance for Hawk soaring.
Comments: National defense and military interests are important components of national and social public interests. In this case, the military and local procuratorial organs actively play the role of public interest litigation, adhere to the concept of "win-win, win-win and win-win", pay attention to the deep integration of jurisprudence and reason, cooperate closely, use laws to force responsibility, use targets to force progress, use supervision to force implementation, and supervise the responsible subjects to actively perform their duties according to law, effectively solving the long-term problems that have plagued the troops and forming a long-term mechanism for joint management, governance and protection of military airport clearance.
Remove obstacles to ensure that the radar is alert and clear.
■ Peng Yuxi Yang Wu
One morning a few years ago, a hurried telephone rang. "Report, there is an abnormal signal in the northeast of the radar position, and the normal combat readiness of our station is disturbed!" A radar unit received a report from the duty officer. It turns out that three new commercial residential buildings in the military station are too close to the radar position, which leads to the decline of radar detection performance in this area and affects the flight safety of aircraft. Since then, the troops have consulted with relevant departments many times and have never been able to solve the problem.
At the end of 2019, the Kunming Military Procuratorate found this situation when it went to the troops in its jurisdiction to conduct public interest litigation research. Because of the safety of important military facilities, on the basis of listening to the introduction of troops, consulting materials and visiting, the military procuratorial organs contacted the local procuratorial organs in time to jointly study and discuss the legal basis, factual evidence, handling procedures and rectification opinions, determine the solution ideas, and set up a joint military-civilian working group to conduct on-site investigation and evidence collection of illegal buildings, invite experts from a base of the Air Force to conduct professional appraisal on the radar impact, visit and investigate the social conditions and people’s feelings involved in real estate projects, and supplement and improve relevant evidence materials.
Through multi-party coordination efforts, the military and local procuratorial organs took the lead in convening a public interest litigation meeting, comprehensively considering factors such as the safety of military facilities, the affordability of local finance, the interests of developers and the legitimate rights and interests of buyers, and jointly studying solutions with all parties, striving to achieve a win-win situation.
After active consultation with the local government, the military and local procuratorial organs jointly announced the procuratorial proposal to the relevant responsible units, suggesting that remedial measures should be taken immediately to dismantle three commercial residential buildings that affect the safety of military facilities and eliminate potential safety hazards. Subsequently, the relevant departments in the area set up special classes to work in the community, urged the project developers to formulate rectification plans, and took out special funds to properly solve the people’s difficult demands and fully promoted the demolition and rectification work.
After several months, all the illegal buildings were demolished, and the radar signal was clearly transmitted back on the screen again. At this point, the problem that has long affected the combat readiness training of the troops has been completely solved with the intervention of procuratorial public interest litigation. The resident Party committee and government also took this opportunity to establish a linkage mechanism for the protection of military facilities, improve the level of protection of military facilities, and achieved good results of "handling one case and governing one territory".
Comments: The detection performance of radar equipment has been influenced by high-rise buildings, which will seriously restrict the generation of combat effectiveness of troops. In this case, the military and local procuratorial organs cooperated closely, and urged relevant units to perform their duties according to law through joint investigations, active consultations, and joint announcement of procuratorial suggestions, forming an overall joint force to safeguard national defense and military interests. This case is a useful exploration of procuratorial public interest litigation in the field of military facilities protection, which highlights the function of military procuratorial organs in fighting for the army.
Figure ①: Fuzhou Military Procuratorate and Fujian Provincial People’s Procuratorate investigate the protection of military navigation channels on the spot.
Photo by Chen Wenhuai
Figure ②: In the special patrol activities for the protection of military facilities in the waters of Chongqing section of the Yangtze River, Chengdu Military Procuratorate and local procuratorial organs used drones to conduct water inspections.
Photo by Han Ke
Figure ③: Hangzhou Military Procuratorate held a seminar on public interest litigation with relevant military and local units.
Photo by Zhang Wenbin
