The special chapter of the report of the 20th National Congress of the Communist Party of China deploys the principle of "adhering to the comprehensive rule of law and promoting the construction of a rule of law China", clearly requiring "strengthening the legal supervision work of procuratorial organs" and "improving the public interest litigation system". The Standing Committee of the 14th National People's Congress announced its legislative plan in September 2023, officially including the Public Interest Litigation Law (Public Interest Litigation Law, to be considered together) as a category one project, which is a bill that is relatively mature and intended to be submitted for review during its term of office. The Legislative Plan for the Political and Legal Field (2023-2027) issued by the Central Political and Legal Affairs Commission also clearly proposes the formulation of the Public Interest Litigation Law for Prosecutors, which clarifies the basic direction and action path for improving the public interest litigation system. In 2012, the Civil Procedure Law was amended, providing for the first time the system of public interest litigation. However, the legislative amendment did not include the procuratorial organs as subjects that can file public interest lawsuits. In 2017, the Civil Procedure Law and the Administrative Procedure Law were revised again, and legislation authorized procuratorial organs to initiate public interest litigation. At this point, the procuratorial public interest litigation system with Chinese characteristics has officially entered the stage of the socialist legal system with Chinese characteristics. With the development of legislative practice, the scope of performance in procuratorial public interest litigation continues to expand. From the establishment of the system in 2017, the four traditional legal fields constructed by the Civil Procedure Law and the Administrative Procedure Law, including ecological environment and resource protection, food and drug safety, state-owned property protection, and state-owned land use rights transfer, have gradually expanded into a "4+10" performance pattern. As of December 2023, 22 current laws have stipulated provisions for public interest litigation, covering 14 statutory areas, including ecological and resource protection, food and drug safety, state-owned property protection, transfer of state-owned land use rights, protection of heroic rights and interests, protection of minors, protection of military honor and reputation rights and interests, personal information protection, anti-monopoly, safety production, anti telecommunications network fraud, agricultural product quality and safety, women's rights protection, and barrier free environment construction. Under the promotion of the Supreme People's Procuratorate, the scope of public interest litigation cases is constantly expanding, forming a gratifying "4+N" pattern. Not only that, 27 provincial-level party committees and governments across the country have issued opinions to support the work of procuratorial public interest litigation, and 29 provincial-level people's congress standing committees have issued decisions to strengthen the work of procuratorial public interest litigation. Since the procuratorial organs officially became the legal subjects for public interest litigation in 2017, the judicial practice of prosecutorial public interest litigation has achieved fruitful results. From 2018 to 2022, a total of 756000 public interest litigation cases were filed and handled, with an average annual increase of 14.6%. From 2018 to 2022, 40000 public interest litigation cases were filed, an average annual increase of 41.5%. In the first half of 2023, 109000 public interest litigation cases were filed and handled; 5308 public interest litigation cases were filed, a year-on-year increase of 9.7%.
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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