No. 2 of Seven Model Cases Issued by the Supreme People's Court at the Tenth Anniversary of the Amendment and Implementation of the Administrative Procedure Law: Maximizing the Adjudicatory Functions of Administrative Public Interest Litigation and Legally Safeguarding the National Interests and Public Interests — People's Procuratorate of Jianchuan County, Yunnan Province v. Forest Public Security Bureau of Jianchuan County, Yunnan Province (Case of Environmental Administrative Public Interest Litigation)

最高人民法院发布7件行政诉讼法修正施行十周年典型案例之二：云南省剑川县人民检察院诉云南省剑川县森林公安局环境行政公益诉讼案——充分发挥行政公益诉讼审判职能，依法维护国家利益和社会公共利益

【法宝引证码】

Legal document： Judgment
Procedural status： Trial at First Instance

No. 2 of Seven Model Cases Issued by the Supreme People's Court at the Tenth Anniversary of the Amendment and Implementation of the Administrative Procedure Law: Maximizing the Adjudicatory Functions of Administrative Public Interest Litigation and Legally Safeguarding the National Interests and Public Interests		最高人民法院发布7件行政诉讼法修正施行十周年典型案例之二：云南省剑川县人民检察院诉云南省剑川县森林公安局环境行政公益诉讼案
— People's Procuratorate of Jianchuan County, Yunnan Province v. Forest Public Security Bureau of Jianchuan County, Yunnan Province (Case of Environmental Administrative Public Interest Litigation)		——充分发挥行政公益诉讼审判职能，依法维护国家利益和社会公共利益

(1) Basic Facts		（一）基本案情
In January 2013, without going through the formalities for forest land expropriation and occupation, Company A commissioned Wang [REDACTED], a resident in Jianchuan County, to excavate a road with a length of 494.8 m, an average width of 4.5 m, and an area of 2,226.6 square meters in the state-owned forest land. In February 2013, the Forest Public Security Bureau of Jianchuan County imposed an administrative penalty on Company A and Wang [REDACTED] in the name of the Forestry Bureau of Jianchuan County as follows: (1) ordering them to restore the damaged forest land to the original state within the prescribed time limit, and (2) imposing a fine of 10 yuan per square meter of the damaged forest land for illegally changing the use of such forest land, namely, 22,266 yuan. In March 2013, Company A paid the fine and the Forest Public Security Bureau of Jianchuan County closed the case. However, it did not urge Company A and Wang [REDACTED] to fulfill their administrative obligations of restoring the damaged forest land to the original state within the prescribed time limit. On November 9, 2016, the People's Procuratorate of Jianchuan County issued a procuratorial proposal to the Forest Public Security Bureau of Jianchuan County, proposing that it should perform its duties according to the law, implement the administrative penalty decision, and take effective measures to restore the damaged forest vegetation. On December 8, 2016, the Forest Public Security Bureau of Jianchuan County made a reply to the procuratorial proposal, saying that it had taken measures after conscientious study and dispatched a police officer to Wang [REDACTED]'s residence to urge him to fulfill the obligation as prescribed in item (1) of the administrative penalty. In view of Wang [REDACTED]'s death, it terminated the execution of the administrative penalty. The Forest Public Security Bureau of Jianchuan County did not prompt Company A to fulfill the obligation as prescribed in the aforesaid item. The People's Procuratorate of Jianchuan County filed an administrative public interest litigation, requesting that the act of the Forest Public Security Bureau of Jianchuan County of failing to perform its statutory duties should be confirmed illegal and the Forest Public Security Bureau of Jianchuan County should be ordered to perform its statutory duties within the prescribed time limit.		2013年1月，在未取得林地征占用手续的情况下，甲公司委托剑川县居民王某某在国有林区开挖公路，长度494.8米、平均宽度4.5米、面积2226.6平方米。2013年2月，剑川县森林公安局以剑川县林业局的名义对甲公司及王某某作出行政处罚：1.责令限期恢复原状；2.处非法改变用途林地每平方米10元的罚款，即22266元。2013年3月，甲公司缴纳罚款，剑川县森林公安局即对该案予以结案，后一直未督促甲公司及王某某履行限期恢复原状的行政义务。2016年11月9日，剑川县人民检察院向剑川县森林公安局发出检察建议，建议依法履行职责，落实行政处罚决定，采取有效措施恢复森林植被。2016年12月8日,剑川县森林公安局回复检察建议称认真研究后已采取措施，并派民警到王某某家催告履行第一项行政处罚，鉴于王某某死亡，执行终止。剑川县森林公安局未就该事项催告甲公司履行。剑川县人民检察院提起行政公益诉讼，请求确认剑川县森林公安局怠于履行法定职责的行为违法，判令其在一定期限内履行法定职责。
In June 2017, the Primary People's Court of Jianchuan County, Yunnan Province rendered an administrative judgment (No. 1 [2017], First, Administrative, 2931, Yunnan), confirming that the act of the Forest Public Security Bureau of Jianchuan County of failing to perform the obligation as prescribed in item (1) of the penalty decision involved was illegal and ordering the Forest Public Security Bureau of Jianchuan County to continue to perform its statutory duties.		云南省剑川县人民法院2017年6月作出（2017）云2931行初1号行政判决，确认剑川县森林公安局怠于履行案涉处罚决定第一项内容的行为违法；责令剑川县森林公安局继续履行法定职责。
(2) Reasons for the Judgment		（二）裁判理由
The court's effective judgment held that this lawsuit filed by the public interest litigant was within the scope of accepted administrative public interest litigation cases as prescribed in the Measures of the Supreme People's Court for the Implementation of the Pilot Program of the People's Courts' Trial of Public Interest Litigation Cases Filed by People's Procuratorates and the Measures of the Supreme People's Procuratorate for the Implementation of the Pilot Program of Filing Public Interest Litigation by the People's Procuratorates and satisfied the conditions of prosecution. Paragraph 6 of Article 26 of the Administrative Procedure Law provides that "Where an administrative agency is abolished or its functions and powers are modified, the administrative agency that succeeds to such functions and powers shall be the defendant." On September 27, 2013, the People's Government of Yunnan Province issued the Reply on the Work Plan for Relatively Centralizing the Power to Impose Forestry Administrative Penalties by Forestry Departments in Yunnan Province, according to which the forest public security organs at all levels shall exercise some power of forestry administrative departments to impose administrative penalties in a relatively centralized manner. Therefore, in accordance with the aforesaid provisions, the Forest Public Security Bureau of Jianchuan County exercised the power to impose an administrative penalty originally exercised by the Forestry Bureau of Jianchuan County and it was a qualified defendant. In this case, after the Forest Public Security Bureau of Jianchuan County ascertained that Company A and Wang [REDACTED] modified the forest land without authorization, it issued an administrative penalty decision in the name of the Forestry Bureau of Jianchuan County, ordering Company A and Wang [REDACTED] to restore the damaged forest land to the original state within the prescribed time limit and imposing a fine on them, which complied with the legal provisions. However, in more than three years after Company A paid the fine, it did not prompt Company A and Wang [REDACTED] to perform the obligation of restoring the damaged forest land to its original state, nor did it perform such obligation on their behalf. As a result, the forest land that Company A and Wang [REDACTED] had arbitrarily changed has not been restored to its original state to date and it did not provide any evidence to prove that there were relevant legal and reasonable reasons. Its act was obviously inappropriate and constituted failure to perform statutory duties. The administrative penalty decision had not been fully executed. The Forest Public Security Bureau of Jianchuan County should continue to perform its statutory duties according to the law and take effective measures to prompt the administrative counterparts to restore the damaged forest land to its original state within the prescribed time limit. After the judgment of this case was pronounced, none of the parties appealed and the Forest Public Security Bureau of Jianchuan County proactively executed the effective judgment.		法院生效裁判认为，公益诉讼人提起本案诉讼符合最高人民法院《人民法院审理人民检察院提起公益诉讼试点工作实施办法》及最高人民检察院《人民检察院提起公益诉讼试点工作实施办法》规定的行政公益诉讼受案范围，符合起诉条件。行政诉讼法第二十六条第六款规定:“行政机关被撤销或者职权变更的，继续行使其职权的行政机关是被告”。2013年9月27日，云南省人民政府《关于云南省林业部门相对集中林业行政处罚权工作方案的批复》授权各级森林公安机关相对集中行使林业行政部门的部分行政处罚权。因此，根据上述规定，剑川县森林公安局行使原来由剑川县林业局行使的林业行政处罚权，是适格的被告。本案中，剑川县森林公安局在查明甲公司及王某某擅自改变林地的事实后，以剑川县林业局名义作出对甲公司和王某某责令限期恢复原状和罚款的行政处罚决定符合法律规定，但在甲公司缴纳罚款后三年多时间里没有督促甲公司和王某某对破坏的林地恢复原状，也没有代为履行，致使甲公司和王某某擅自改变的林地至今没有恢复原状，且未提供证据证明有相关合法、合理的事由，其行为显然不当，是怠于履行法定职责的行为。行政处罚决定没有执行完毕，剑川县森林公安局依法应该继续履行法定职责，采取有效措施，督促行政相对人限期恢复被改变林地的原状。该案宣判后，当事人均未提起上诉，剑川县森林公安局积极履行了生效判决。
．．．．．．		．．．．．．
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at: +86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153) Mobile: +86 133-1157-0713 Fax: +86 (10) 8266-8268 database@chinalawinfo.com		您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接登录，进入会员专区查询您所需要的信息；如您还不是我们的英文用户，请注册并交纳相应费用成为我们的英文会员。如有问题请来电咨询； Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153 Mobile: +86 13311570713 Fax: +86 (10) 82668268 E-mail: database@chinalawinfo.com

【法宝引证码】北大法宝www.lawinfochina.com

Message: Please kindly comment on the present translation.

Confirmation Code:

Click image to reset code!

Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials.