Interview with the Procurator-General of the Hefei Military Procuratorate: Forging a Rule-of-Law Shield to Defend National Defense and Military Interests
Editor's Note: Today is Army Day (August 1st). In recent years, from the revision of the National Defense Law and the Law on the Protection of Military Installations, to the enactment of the Law on the Status and Rights and Interests Guarantees of Military Personnel and other laws and regulations, honoring servicemembers and safeguarding national defense interests and the lawful rights and interests of servicemembers and their families has become a consensus across society. Public interest litigation is an effective means of protecting state interests and social public interests. Since the Supreme People's Procuratorate and the Central Military Commission's Political and Legal Affairs Committee jointly issued the "Opinions on Strengthening Cooperation in Public Interest Litigation between Military and Local Procuratorial Organs," military procuratorial organs have taken serving combat readiness and warfighting and safeguarding national defense and military interests as their guiding objectives, strengthened coordination and cooperation with local procuratorial organs, actively brought the functions of procuratorial public interest litigation into play, and resolved a number of contradictions and problems that damage national defense and military interests as well as the lawful rights and interests of servicemembers and their families. In order to help officers and soldiers better understand the military procuratorial public interest litigation system, this newspaper's reporters recently conducted an exclusive interview with the Procurator-General of the Hefei Military Procuratorate, asking him to discuss, drawing on the practical experience of handling cases in recent years, how to make good use of the rule-of-law sword to safeguard national defense and military interests and to advance military procuratorial public interest litigation in better serving national defense and military construction.
Forging a Rule-of-Law Shield to Defend National Defense and Military Interests
— Interview with the Procurator-General of the Hefei Military Procuratorate
■ Liu Kun, PLA Daily Reporter Xu Xiaolong
[Photo caption: Prosecutors from the Fuzhou Military Procuratorate (first from left, center) conduct an on-site investigation into waterway protection. Photo by Yang Yonggui]
Reporter: In recent years, military procuratorial organs have handled a large number of public interest litigation cases. What valuable experience has been accumulated in the course of handling these cases?
Procurator-General: Military procuratorial public interest litigation generally encompasses civil public interest litigation involving military matters and administrative public interest litigation involving military matters. Its primary purpose and task is to protect national defense and military interests and social public interests by supervising and addressing infringing conduct, thereby effectively serving combat readiness and warfighting. In recent years, our experience in handling cases has shown that many contradictions and problems exhibit characteristics such as complex causation, concealed and difficult-to-identify nature, and civil-military overlap. Accordingly, how to balance the interests of all parties and use the rigidity of the rule of law to serve and guarantee the enhancement of combat effectiveness has always been our pursuit.
Take, for example, a case we previously handled involving pigeon interference at a military airport. It concerned military security and also affected the livelihoods of the people — both were of critical importance. At the time, there were multiple pigeon-keeping households within the clear zone (净空区) of a certain airport. Clearing them out faced enormous resistance; leaving them in place meant that fighter aircraft taking off and landing were like operating with a blade hanging overhead. After repeated deliberation, we decided to explain the reasoning thoroughly to the pigeon keepers and leave them sufficient options. At the hearing, case handlers explained face-to-face the real threat that pigeon interference posed to aircraft takeoffs and landings, and also genuinely listened to the difficulties of the pigeon keepers. The final solution was not a one-size-fits-all approach (一刀切): those raising carrier pigeons were given an orderly timeline for clearance; those raising meat pigeons signed a "no-fly" commitment letter. The problem was ultimately resolved appropriately.
Through handling case after case, we also came to realize that, when facing various complex and difficult problems, it is essential to strengthen civil-military cooperation and form a combined effort from multiple parties. In May of this year, we jointly convened a cooperation symposium with the Anhui Provincial People's Procuratorate, summarizing the experience accumulated from prior case handling and consolidating it into institutional provisions: first, open up channels for mutual transfer of leads, thoroughly breaking down information barriers; second, strengthen joint case handling — for "hard-nut" cases involving civil-military overlap, promptly establish joint case-handling teams to apply coordinated effort; third, strengthen resource sharing, connect civil-military data channels, and allow civil-military resources to circulate efficiently within the rule-of-law framework; fourth, explore joint capacity building, strengthen professional exchange and build shared understanding through joint inspections and other means, truly achieving civil-military integration (军地"一盘棋"), and jointly advancing innovative development of public interest litigation cooperation.
[Photo caption: Case handlers from the Xining Military Procuratorate (first from right) visit sites to investigate the protection of red historical relics. Photo by Chen Wei]
Reporter: Since military procuratorial organs began conducting public interest litigation, which types of cases have been handled most frequently? What direction for future efforts does this provide?
Procurator-General: Over the past several years, we have handled several hundred cases in total. The highest proportion remains cases in the field of military installation protection, including clearing the clear-zone environments of multiple military airports, recovering more than one thousand mu of military land that had been encroached upon, and carrying out special operations to protect national defense transportation infrastructure.
The reason this category of cases is so numerous is fundamentally that in recent years the work focus at all levels has shifted toward combat readiness and warfighting, the frequency of exercises and training has increased, the geographic scope of training has expanded, and a number of problems obstructing the pace of unit exercises and training urgently need to be resolved. For example, a piece of military land had been encroached upon for a long time. In the past, because national defense requirements were not so urgent and the matter involved a wide range of parties and complex circumstances, the problem was continually shelved. Now that realistic combat training (实战化训练) is being conducted there and new facilities need to be built, the land must be recovered as quickly as possible. As another example, national defense roads are the main arteries for force projection, but some roads have been encroached upon by simple structures erected by local personnel, and various lines and cables "fly over" others. These may seem like minor problems, but if neglected over the long term, they will result in equipment being unable to pass smoothly when truly needed, affecting training and combat readiness.
These cases have also made us genuinely feel that the old approach of relying on coordination and personal relationships to resolve complex and difficult problems no longer works. All parties need to continuously explore the use of rule-of-law methods to resolve difficult problems, persist in taking service to military strengthening and warfighting victory as the guiding orientation, place the focus of work on resolving prominent problems that affect the security of military operations and harm the effectiveness of military installations, continuously strengthen the handling of public interest litigation cases involving military matters, and use the power of the rule of law to clear obstacles and provide protection for training and combat readiness.
[Photo caption: Case handlers from the Shenyang Military Procuratorate and local procuratorial organs conduct case discussions with staff from relevant units. Photo by Gu Dongdong]
Reporter: Military procuratorial organs have handled a large number of cases involving the repair of martyrs' memorial facilities and the defense of the honor and reputation of heroes and martyrs. How do you view the important significance of public interest litigation in protecting the honor and reputation of heroes and martyrs?
Procurator-General: Guarding red resources is guarding the "roots" and "soul" of an armed force.
A case we once handled involving the tomb of a Yangtze River Crossing martyr left a deep impression on us. In April 1949, five PLA soldiers sacrificed their lives to protect the masses. Local residents, in memory of the heroes, built a cenotaph (衣冠冢) for them and built the town's first primary school near the cenotaph. During the on-site investigation, we found that the tombstone there was cracked and overgrown with weeds. The elderly school principal, with tears in his eyes, recounted his years of running about appealing for the tomb to be repaired. At that moment, we deeply felt the people's reverence and respect for the heroes and martyrs.
The case was filed during summer vacation. In order to let the children have a good first lesson of the new semester, we accelerated the pace of case handling. Because the rectification results after the procuratorial recommendation (检察建议) was issued were unsatisfactory, we immediately filed suit, and ultimately had the martyrs' memorial facilities completely renewed before the start of the school term. Today, this site has become a local red landmark.
This case embodies the unique value of public interest litigation. It differs from ordinary administrative coordination in that it transforms the honoring of heroes and martyrs from a moral appeal into a legally mandated rigid responsibility, using the power of the rule of law to firmly guard the high ground of the red spirit.
[Photo caption: Case handlers from the Hefei Military Procuratorate conduct case analysis and assessment. Photo by Yan Wenbo]
Reporter: Safeguarding the lawful rights and interests of servicemembers and their families in accordance with the law is an important guarantee for boosting morale and enhancing the combat effectiveness of the armed forces. In recent years, what specific problems have procuratorial organs advanced the resolution of through public interest litigation?
Procurator-General: Drawing on our case-handling practice, we have found that there are two categories of problems that may seem minor but are closely related to every servicemember's family: the implementation of the policy of lawful priority for servicemembers (军人依法优先) and the mechanism for displaying the "Glorious Household" plaque (光荣牌悬挂机制).
In March of this year, a servicemember called to report that when his family member took a sick child to a local hospital in their hometown, the hospital had no conspicuous signage for lawful priority for servicemembers and their families, and no staff to provide guidance. The family member, alone with the child, waited in line for registration for more than an hour.
After learning of the situation, we immediately joined with local procuratorial organs to activate the public interest litigation cooperation mechanism and quickly urged the hospital to complete rectification. Using this as an opportunity, we also pushed more than 30 hospitals, 5 ferry crossings, and 3 scenic areas to standardize their preferential treatment measures.
This type of case resolves not merely the small matter of "registering" or "getting through," but establishes a clear orientation: honoring servicemembers is not a slogan but a rigid right protected by law. Through handling one concrete case after another, we compel relevant units to put their statutory responsibilities into practice, transforming the honoring of servicemembers from a moral advocacy into a legal responsibility that must be fulfilled.
Reporter: When faced with matters close at hand (身边事) that may infringe upon national defense and military interests, or the lawful rights and interests of servicemembers and their families, how should units and officers and soldiers at all levels respond correctly?
Procurator-General: Safeguarding lawful rights and interests cannot rely on the strength of procuratorial organs alone — the proactive action of units and officers and soldiers is also critically important. All comrades-in-arms must continuously strengthen their rule-of-law awareness, firmly establish rule-of-law thinking, and cultivate and enhance their rule-of-law literacy through studying laws and regulations. By studying the National Defense Law, the Military Service Law, the Law on the Status and Rights and Interests Guarantees of Military Personnel, the Regulations on Preferential Treatment for Servicemembers and Their Families, and other laws and regulations, one can clearly understand the rights that servicemembers are entitled to by law and the obligations they should fulfill; by studying the laws and regulations related to military installation protection, one can understand the conduct that may infringe upon national defense and military interests and the methods for responding to it. Everyone should be attentive in daily life. Upon discovering conduct that endangers the security of military installations — such as unauthorized construction, encroachment on roads, or illegal installation of lines and cables — one can promptly report it by calling the "12309" procuratorial service hotline or logging onto the "Military Procuratorial Public Interest Litigation in Action" (军事检察公益诉讼在行动) platform on the Qiangjun Network (强军网) to report problem leads.
For every lead provided by units and officers and soldiers, as long as it meets the conditions, we will join with local procuratorial organs to investigate with full effort and provide timely feedback on results. Officers and soldiers guard at their forward posts; we build a solid rule-of-law barrier in the rear. Working in close coordination, each fulfilling their respective duties, we truly achieve accountability to combat effectiveness.
Related Links
In recent years, a series of laws, regulations, and policy measures issued at all levels have provided a strong rule-of-law guarantee for safeguarding national defense and military interests and protecting the lawful rights and interests of servicemembers and their families. We have compiled selected relevant content for everyone's reference.
★ Keyword: Protection of Heroes and Martyrs
For conduct that infringes upon the names, likenesses, reputations, or honors of heroes and martyrs, the close relatives of heroes and martyrs may file suit in a people's court in accordance with the law.
Where heroes and martyrs have no close relatives, or where close relatives do not file suit, procuratorial organs shall file suit in a people's court in accordance with the law against conduct that infringes upon the names, likenesses, reputations, or honors of heroes and martyrs and damages social public interests.
— Excerpted from the Law on the Protection of Heroes and Martyrs
★ Keyword: Servicemembers' Rights and Interests
Where conduct that infringes upon the honors, reputations, and other related lawful rights and interests of servicemembers seriously affects servicemembers' effective performance of their duties and missions, causing damage to social public interests, the people's procuratorate may file public interest litigation in accordance with the relevant provisions of the Civil Procedure Law and the Administrative Procedure Law.
— Excerpted from the Law on the Status and Rights and Interests Guarantees of Military Personnel
★ Keyword: Military Installations
Any organization or individual is prohibited from destroying or endangering military installations.
Within the clear-zone protection area (净空保护区域) of a military airport, it is prohibited to construct buildings, structures, or other facilities that exceed the airport's clear-zone standards, and activities that affect flight safety and the operational effectiveness of airport navigation aids are not permitted.
— Excerpted from the Law on the Protection of Military Installations
★ Keyword: Preferential Treatment for Servicemembers' Families
The education of the children of active-duty officers and non-commissioned officers, the relocation, employment and entrepreneurship, and job transfers of their family members, shall enjoy preferential treatment from the state and society. Eligible servicemembers' families shall enjoy preferential treatment in housing, medical care, and old-age care in accordance with relevant regulations. During the period when a servicemember's spouse has relocated to accompany the servicemember but has not yet found employment, they shall enjoy corresponding support treatment in accordance with relevant state regulations.
— Excerpted from the Military Service Law
★ Keyword: Civil-Military Cooperation
Strengthen the handling of public interest litigation cases involving military matters such as destruction of military installations and encroachment on military land; actively and prudently explore the handling of public interest litigation cases in the areas of national defense mobilization, national defense education, national defense assets, military operations, the image and reputation of the armed forces, and the protection of the status and rights and interests of servicemembers.
— Excerpted from the "Opinions on Strengthening Cooperation in Public Interest Litigation between Military and Local Procuratorial Organs"
(Compiled by Li Xinjie and reporter Xu Xiaolong)
Graphic design: Huang Meiyuan