Yang Rong's representative suggested accelerating the formulation of the Public Interest Litigation Law for Prosecutors to clarify the scope of public interest litigation cases

2024-03-12

The report of the 20th National Congress of the Communist Party of China clearly proposes to "improve the public interest litigation system", and the formulation of the Procuratorial Public Interest Litigation Law is an inevitable requirement for deeply implementing the decisions and deployments of the 20th National Congress of the Communist Party of China and improving the socialist legal system with Chinese characteristics. It is reported that the Procuratorate Public Interest Litigation Law has been included in the legislative plan of the 14th National People's Congress Standing Committee and the legislative work plan of the National People's Congress Standing Committee for 2024. "Currently, 23 laws, including the Civil Code, have made clear provisions on the system of public interest litigation in procuratorial organs. The normative system of public interest litigation in procuratorial organs is gradually enriched and improved, laying a solid foundation for the formulation of the Law on Public Interest Litigation in Procuratorial organs." Yang Rong, Deputy Director of the Sanqiao Police Station of the Xinghualing Branch of Taiyuan Public Security Bureau in Shanxi Province and Team Leader of the Community First Squadron, submitted a proposal to accelerate the formulation of the Public Prosecutorial Public Interest Litigation Law at the Second Session of the 14th National People's Congress. She pointed out in an interview with a reporter from the Legal Daily that accelerating the legislative work related to the Public Interest Litigation Law for Prosecutors will help to timely implement the decisions and deployments of the Party Central Committee, respond to the voices of the people, and quickly legalize and institutionalize the original achievements of public interest protection in the field of public interest litigation. Yang Rong believes that the focus of legislation on public interest litigation in procuratorial work is to solve the relevant difficulties encountered in current judicial practice. She put forward several targeted suggestions for this. To clarify the functional positioning of the procuratorial organs in public interest litigation in the Public Interest Litigation Law, in order to ensure that the procuratorial organs fulfill their legal supervision powers in public interest litigation in accordance with the law. The scope of cases is not only the foundation and core issue of public interest litigation, but also a difficult problem in current legislation and judicial practice. Yang Rong suggested that the legislation on prosecutorial public interest litigation should clarify the scope of cases in prosecutorial public interest litigation, and consider issues such as reserving development space with the continuous expansion of economic and social development and legal authorization of case scope. Yang Rong noticed during her research that existing laws only provide in principle that procuratorial organs have the right to investigate and collect evidence in public interest litigation, but the provisions on investigation methods, investigation methods, and safeguard measures are still not perfect. She suggested that necessary mandatory investigation measures should be stipulated in legislation. For example, in the process of investigation and evidence collection, if there is an emergency situation where evidence may be lost or difficult to obtain in the future, or if immediate measures are not taken which will cause irreparable damage to public interests, mandatory investigation measures such as sealing, detention, and freezing can be taken on their own. At the same time, it is suggested to establish measures to safeguard the right to investigate and clarify the obligation of the investigated party to cooperate. In judicial practice, the procuratorial organs have achieved good results in applying punitive damages in public interest litigation in areas such as ecological environment and food and drug safety. However, the nature, calculation base, multiple, and deduction of punitive damages are not yet clear at present. Yang Rong suggested improving the punitive damages system for public interest litigation in procuratorial work, and suggested that the Supreme People's Court, in conjunction with the Supreme People's Procuratorate, issue relevant judicial interpretations to fully leverage the punitive damages system's disciplinary and preventive functions, as well as prevent the misuse of punitive damages in the fields of food and medicine. At the same time, elevate mature practices in judicial practice to the law and provide clear legal basis for the punitive damages system in legislation. (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:http://www.legaldaily.com.cn

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