Lao Yan was a little nervous, facing everyone in the conference room, turned over the case file, and stammered and read, for the few questions raised by Zhou Hua, Lao Yan was at a loss, he has been away from legal practice for many years, and this time the amount seems to be that there is already some discussion in the courtyard. It is said that there is a problem with the list of quotas for this reform, they are wearing new shoes, but they are following the old road, and the first and third deputies and other leaders are all in the quota, but most of them do not handle cases, and Lao Yan, as the deputy procurator general, of course, has also entered, and his salary has risen, but he still does what he should do, and he will not do the case at all. Even if I do it, I am looking for a young assistant to do it, and at this meeting today, I can be regarded as suffering from not knowing how to practice.

When he was at a loss, a white paper full of words was quietly handed to his armpit from behind him, and Lao Yan took it and looked at it, this piece of paper was full of answer points and coping strategies. Lao Yan didn't have to look back to know that it was Zhang Ruiming behind him who quietly handed it over, and quickly took it over and read it out according to the script: "First of all, this ...... The fourth middle school is a qualified respondent, and he ...... According to the "Decision of the Central Committee on the Reform of the Education System" promulgated and implemented on May 27, 1985, China's primary and secondary schools implement the "principal responsibility system", that is, the principal is fully responsible for the work of the school, "this, the fourth middle school is of course also a qualified subject in this public interest lawsuit, and their infrastructure and health are also responsible for the principal Chen Zhijun......

Seeing that although Lao Yan stumbled, he finally answered the difficult points in this case positively, Zhang Ruiming breathed a sigh of relief. No matter what his personal relationship with Lao Yan is, work comes first, and Zhang Ruiming has always stood from the perspective of how to handle this case well.

“…… The national standard adopted in this appraisal report can no longer meet the rapid development of China's current environmental protection work, and our city should formulate more stringent municipal standards in order to highlight the care and protection of adolescent health, which is ...... here."

Zhang Ruiming knew that he wanted to read the paragraph he wrote about Wu Xiaoqin, and he deliberately marked it on the side, asking Lao Yan to look sad and indignant, and read it aloud with contagious effect, but Lao Yan hesitated, looked at it, and actually skipped this sensational paragraph. Zhang Ruiming secretly laughed at Lao Yan in his heart, the old comrades are still thin-skinned, at this time, they must be miserable, otherwise how can they be sympathetic.

Then Lao Yan read the most critical paragraph: "According to the provisions of Article 64 of the Environmental Protection Law, those who pollute the environment and damage the ecology and cause damage shall bear tort liability in accordance with the relevant provisions of the Tort Liability Law." Article 15 of the Tort Liability Law stipulates that there are eight main ways to bear tort liability, and these eight types of liability are divided into four types, namely, preventive liability (stopping infringement, removing obstacles, eliminating dangers), property restorative liability (returning property, restitution to its original state), compensatory liability (compensation for losses) and personality restorative liability (apologizing, eliminating impact, and restoring reputation), not all of which can be applied to environmental public interest litigation.

The method of bearing civil liability for damage to the ecological environment does not apply to the return of property, the elimination of impacts, and the restoration of reputation. There is no controversy over the remaining forms of liability, such as preventive liability and restitution, and the controversy mainly focuses on whether compensation for damages and formal apologies can be applied.

But public interest litigation is when an organization sues the polluter on behalf of all the victims, or even on behalf of the natural environment, which can improve the efficiency of the lawsuit, and make the polluter bleed enough to know how much it hurts. Environmental public interest litigation has been practiced abroad for many years, and it is still a new issue in our country, and there are no clear provisions in the law on compensation for losses and formal apologies for public interest litigation, but in the spirit of "reform is to moderately surpass the law" We at the Jingang Municipal People's Procuratorate hope that you will give full consideration to the teachers and students who were victims of this pollution, especially Wu Xiaoqin, who suffered from leukemia, and that the victims' families did not file a civil lawsuit for various reasons, so we are also hoping to include the compensation for the victims in the agenda of the meeting by participating in this meeting of the adjudication committee today. ”

After reading the speech written by Zhang Ruiming, Lao Yan finally expounded the prosecutor's position, and took a sip to recover his mood. Zhang Ruiming gave him a thumbs up from behind, and even the old-fashioned Lao Yan nodded to Zhang Ruiming, thinking that this kid was not bad today, he didn't cause trouble for me, and he did me a big favor.

After Lao Yan finished speaking on behalf of the prosecution, the leaders of the Jingang Intermediate People's Court had different reactions, most of them nodded slightly and expressed their approval, while a small number of them were disdainful and turned their heads and ears to each other.

Zhou Hua, who presided over the meeting, knocked on the table and signaled to maintain discipline in the venue. The conference room was quiet, and they all waited with bated breath, ready to listen to the speech of Ding Chengwen, president of the Jingang City Intermediate People's Court.

Ding Chengwen is relatively old, and as a high-ranking deputy department-level president and a first-level senior judge, it is rare for him to attend a meeting of the adjudication committee in person like this, especially when he is far away in Beijing, and he also participates in the meeting through a video conference system. It shows that he is a solid pragmatist, and on the big screen in the middle of the conference table, the projected image can easily see that the old man has gray temples.

Zhang Ruiming has always heard of this old man's solid work style, and he admires it in his heart, and when he sees his abundant energy today, he suddenly feels that the tenure system of the US Supreme Court is actually quite good, and if the term of office system is implemented, then it will bring about a practical problem: How to achieve a regular term of office? And the answer is nothing more than two kinds, either elected by the people or appointed, and both of them may damage the independence of the judiciary. And the United States may have its own problems with the lifelong system of federal judges, but the advantages outweigh the disadvantages in the context of the United States, and I heard that there is a consideration of extending the term of office of judges in the framework of recent judicial reforms, if it is really ......

Ding Chengwen's speech drew Zhang Ruiming's fluttering thoughts back from the distant United States, and the leader of the Jingang City Intermediate People's Court first took the words of Vice President Zhou Hua, sorted out the facts of the case, and then affirmed the ideas and opinions put forward by the prosecutor in front of him in a short space. What is "in one sentence", "thoughtful", and "Deputy Procurator General Yan's words demonstrate the responsibility of prosecutors in the new era. "All kinds of high hats, Lao Yan is very popular, Zhang Ruiming also breathed a sigh of relief, if Dean Ding affirms our opinion, then this case can almost be nine out of ten.

Ding Chengwen finally ended this paragraph with the sentence "The Jingang City Procuratorate put forward a good idea and opinion", Zhang Ruiming was shocked when he heard this, and his heart was not good.

"Ideas, opinions" are not good words in the evaluation of leaders.

Sure enough, as soon as the conversation changed, Ding Chengwen threw a difficult question to Lao Yan and Zhang Ruiming: "I have a question, whether the current procuratorate, as the public interest litigation prosecutor, can file civil compensation, we don't care for the time being, why in the "toxic runway" pollution case of the fourth middle school, no family member filed a civil lawsuit, if there is a family member who files a civil lawsuit, then this issue will not be followed by normal procedures and legal compliance." But this time, only your procuratorate filed a public interest lawsuit, and as far as I know, this is also the first public interest lawsuit related to the "drug runway" in the country, your prosecutor is the first to have the determination to reform the judiciary, we agree, but in my opinion, it is more reasonable for the victim's family to file a civil lawsuit by the victim's family in terms of procedure and claims, but only your procuratorate has filed ......."

Ding Chengwen hesitated for a moment, but still expressed the doubts in his heart: "Only you, the Tianjin and Hong Kong Procuratorate, have filed a public interest lawsuit in this field, is there any suspicion of overstepping your responsibilities? Or is it that your Tianjin and Hong Kong Municipal Procuratorate really can't find a better breakthrough in public interest litigation?"

Zhang Ruiming complained in his heart, why in the No. 4 Middle School "toxic runway" pollution case, no family member filed a civil lawsuit, and he also wanted to ask why, and this question is like two children fighting, the teacher asked the beaten party, "Why does he only beat you and not others?" This question itself should not be answered by the prosecutor, but should be asked Chen Zhijun, the principal of No. 4 Middle School, what means did he use to seal the mouths of the victims' families.

Zhang Ruiming himself actually touched this situation in the early stage, and some of the family members who were not too seriously affected may have the idea that more is better than less, and this kind of environmental pollution case has always been called "unaffordable lawsuit", and there are too many difficulties in itself, one is that it is difficult to obtain evidence, and the other is that the litigation time is long, the first instance, the second instance, and execution, and a set of processes have gone down, "I don't know what day and night". Moreover, after all, No. 4 Middle School is one of the top schools in the province, and it has worked so hard to let children come in to study, how dare they sue the school.

And a few families like Wu Xiaoqin, who have taken a firm stand and suffered a lot, are also unable to file a lawsuit because they cannot afford the cost of litigation, and the situation varies.

Lao Yan was even more stunned by the question, he didn't know how to answer this question at all, and froze there for a long time without responding.

Ding Chengwen was connected through video, and there would be a delay in speaking, and he saw that Lao Yan didn't answer for a while, thinking that the video system was down or the headset was broken. In the camera, he is calling the staff on the side to come and check the equipment.

At this awkward moment, a handsome prosecutor behind Deputy Procurator General Yan Lu stood up unexpectedly. The audience was slightly surprised.

I saw this person say loudly to the leaders present: "Hello judges, I am the prosecutor of the prosecution in this public interest lawsuit, we are actually a little unwell, and we have insisted on working with illness for the past few days, now, please allow me to answer President Ding's questions on behalf of the Jingang Municipal People's Procuratorate." ”

The prosecutor who suddenly stood up to speak was naturally Zhang Ruiming, he saw that Lao Yan was asked by Ding Chengwen on the spot, it was too late for him to write a note temporarily, and this question was to the point, if he didn't answer, it would have a far-reaching impact on the case. I had no choice but to stand up and answer.