- What is the newest regulation on this matter?
- What kinds of litigation do this regulation apply to?
- What’s the scope of the cases in case of civil public interest litigation?
- What’s the pretrial proceeding of the civil public interest litigation?
- What’s the prerequisite for the procuratorate to file the civil public interest case?
- What claims can the procuratorate issue in the civil public interest case?
- What’s the scope of the cases in case of administrative public interest litigation?
- What’s the pretrial proceeding of the administrative public interest litigation?
- What’s the prerequisite for the procuratorate to file the administrative public interest case?
- What claims can the procuratorate issue in the administrative public interest case?
- What are the other regulations applying to this matter besides this Pilot Program?
The newest regulation on this matter is the Pilot Program for Procuratorial Organ Filing Public Interest Litigation. This regulation was enacted in July 2nd, 2015, constituted by the Supreme Procuratorate subject to the approval of the standing committee of the National People’s Congress.
The regulation applies to the civil public interest litigation and the administrative public interest litigation.
The case of environment contamination and food and pharmaceutical torts
The procuratorate shall, by issuing recommendation letter for suing, urge and support the relevant authority or organization provided by law to file the case, and the latter shall do accordingly within one month and reply to the procuratorate in writing.
If the relevant authority or organization provided by law do not file the case and the public interest are still in a state of being invaded, the procuratorate can file the case.
The procuratorate can issue claims to request the defendant to cease infringement, eliminate the obstruction and dangers, restore to original status, pay damages and apology to the infringed party.
The cases against the illegal administrative action or act of omission of the administrative organs who have function and authority of supervision and administration in the area of environment protection, state owned assets protection, and the transfer of use right of state owned land.
The procuratorate shall, by issuing the procuratorial proposal, urge the relevant administrative organ to rectify its illegal action or perform its duty legally. The administrative organ shall take action accordingly within one month after receiving the proposal, and reply to the procuratorate in writing.
If the administrative organ rejects the procuratorial proposal, and the state and social interests are still in the state of invaded, the procuratorate can file the case.
The procuratorate can issue claims on revocation of the illegal administrative act, requesting the administrative organ to perform its legal function and duty, and declaring the administrative act invalid or illegal.
The Civil Procedures Law and Administrative Procedures Law shall apply when this Pilot Program does not provide.