Chinese, Simplified
Facts
The area under the jurisdiction of the People's Government of Dacheng Town, Sanyuan County, Shaanxi Province (hereinafter referred to as the "Government of Dacheng Town") is located in the north bank of the Qinghe River, a tributary of the Weihe River. In 2012, for the purposes of optimizing the environment and solving the direct discharge of sewage, the Government of Dacheng Town applied for the project of "Construction of a Sewage Treatment Plant and Sewage Pipe Network", obtained the approval, and completed the land requisition and fence construction for the sewage treatment plant. However, the sewage treatment plant and sewage pipe network have not been constructed and the status of sewage discharge continued. The People's Procuratorate of Sanyuan County, Shaanxi Province (hereinafter referred to as the "Procuratorate of Sanyuan County") issued a procuratorial proposal to the Government of Dacheng Town. The Government of Dacheng Town failed to reply within the prescribed time limit, nor did it commence the construction of the sewage treatment plant and sewage pipe network. The Procuratorate of Sanyuan County thus initiated an administrative public interest proceeding and requested the people's court to confirm that the failure of the Government of Dacheng Town to perform the duties of environmental protection and pollution prevention and control in accordance with the law was in violation of law; and order the Government of Dacheng Town to continue performing its statutory duties in accordance with the law, construct the sewage treatment facilities and supporting pipe network, and ensure that the sewage discharged meet the relevant standards.
Judgment
In the trial of first instance, Sanyuan Primary People's Court, Shaanxi held that the Government of Dacheng Town had the statutory duties of constructing facilities for centralized treatment of sewage in rural areas and public sewage pipe network. Within over four years after the approval of the project involved, it failed to commence construction, resulting in long-term direct discharge of sewage which exceeded the prescribed standards in four administrative villages and seven enterprises in Dacheng Town. After the Procuratorate of Sanyuan County issued a procuratorial proposal, the Government of Sanyuan County still failed to effectively resolve the aforementioned issue, and the public interests remained impaired. The act of the Government of Dacheng Town constituted an administrative nonfeasance for being slack in performing its statutory duties. Considering that the project involved a wide range and great volume of work, the construction period may be determined as 25 months with reference to the feasibility study report of the project. The court of first instance entered a judgment, confirming that the failure of the Government of Dacheng Town to fully perform the statutory duties of environmental protection and pollution prevention and control was illegal and ordered the Government of Dacheng Town to complete the construction of facilities for centralized treatment of sewage and public sewage pipe network in Dacheng Town, Sanyuan County within 25 months and ensure that the sewage discharged to the Qinghe River meet the discharge standards.
基本案情
陕西省三原县大程镇人民政府（以下简称大程镇政府）所辖区域位于渭河支流清河的北部沿岸。2012年，为优化镇区环境、解决污水直排问题，大程镇政府申报获批关于“建设大程镇污水处理厂及污水管网工程”项目，并完成污水处理厂的征地及围墙圈建工作，但污水处理厂及污水管网工程一直未予建设，排污状态依然持续。陕西省三原县人民检察院（以下简称三原县检察院）向大程镇政府发出检察建议。大程镇政府未在规定时间内予以回复，亦未启动污水处理厂及污水管网工程建设。三原县检察院遂提起行政公益诉讼，请求确认大程镇政府未依法履行环境保护和污染防治职责的行为违法；判令其继续依法履行法定职责，建设污水处理设施及配套管网，保证排出的污水符合相关标准。
裁判结果
陕西省三原县人民法院一审认为，大程镇政府具有建设农村污水集中处理设施及公共污水管网的法定职责，其在案涉工程批准后长达四年多时间未予建设，致使大程镇四个行政村和七个企业的污水长期超标准直接排入清河。三原县检察院发出检察建议后，大程镇政府仍未有效解决上述问题，社会公共利益一直处于受损害状态，已构成怠于履行法定职责的行政不作为。鉴于该工程涉及范围广、工程量大，建设工期可参照项目可行性研究报告确定为25个月。一审法院判决确认大程镇政府未完全履行法定环境保护和污染防治职责的行为违法，并限其于判决生效后25个月内建设完成三原县大程镇污水集中处理设施和公共污水管网，保证排入清河的污水符合排放标准。
Implications
This is a case of administrative public interest litigation arising from construction of facilities for centralized treatment of sewage in rural areas and sewage pipe network in the Yellow River basin. The construction of sewage treatment facilities and pipe network in rural areas are important factors in the tough battle to prevent and control water pollution. It is also the due responsibility to promote the improvement of living environment in rural areas and build a beautiful countryside. In this case, the Government of Dacheng Town failed to perform its statutory duties and the construction of the project involved had not been initiated after the approval, resulting in long-term direct discharge of sewage exceeding the prescribed standards into the Qinghe River. The people's court accepting the case upheld the claim of the procuratorial organ in accordance with the law and after the judgment took effect, it and the procuratorial organ jointly dispatched personnel to the construction site to continue supervision and urge the completion and service of the project involved on schedule. The efforts of the people's court have demonstrated that the people's court and the people's procuratorate are oriented to safeguarding public interests, giving full play to judicial functions, supervising and supporting administration by law, effectively solving prominent environmental problems in rural areas, and ensuring the implementation of the strategy of revitalization of rural areas.
典型意义
本案系黄河流域农村污水集中处理设施及污水管网建设引发的行政公益诉讼案件。农村污水处理设施及管网建设是打好水污染防治攻坚战的重要方面，也是推进农村人居环境整治、建设美丽乡村的应有之责。本案中，大程镇政府怠于履行法定职责，案涉工程在批准后一直未动工建设，导致污水长期超标准直接排入清河。受案法院依法判决支持检察机关的诉请，并在判决生效后和检察机关共同派员前往项目施工现场持续进行监督，促使案涉工程按期建成并投入使用，展现了人民法院和人民检察院以维护社会公共利益为目标导向，充分发挥司法职能，监督支持依法行政，有效解决农村环境突出问题，保障实施乡村振兴战略。