Brand name of procuratorial public interest litigation

According to the relevant provisions of China's Civil Procedure Law, when a procuratorate discovers behaviors that damage the interests of the public, such as the destruction of the ecological environment and the protection of resources, it can bring a lawsuit to the court if there is no other organ to prosecute.

The latest judicial interpretation of public interest litigation in the procuratorate

the Supreme People's Court the Supreme People's Procuratorate

Interpretation of some issues concerning the application of law in procuratorial public interest litigation cases

(adopted at the 1734th meeting of the Judicial Committee of the Supreme People's Court on February 23, 218 and the 73rd meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on February 11, 218, Effective as of March 2, 218)

I. General Provisions

Article 1 This interpretation is formulated for the correct application of the provisions of the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China on the system of public interest litigation initiated by people's procuratorates, in combination with the actual trial and procuratorial work.

article 2 the main tasks of the people's courts and people's procuratorates in handling public interest litigation cases are to give full play to the functions of judicial trial and legal supervision, safeguard the legal authority of the constitution, safeguard social fairness and justice, safeguard national interests and social public interests, urge eligible subjects to exercise their public interest litigation rights according to law, and promote administration according to law and strict law enforcement.

article 3 when handling public interest litigation cases, people's courts and people's procuratorates shall abide by the provisions of the constitution and laws, the principles of the litigation system, and the operating rules of judicial power and procuratorial power.

article 4 when a people's procuratorate files a public interest litigation as a public interest litigation prosecutor, it shall enjoy corresponding litigation rights and perform corresponding litigation obligations in accordance with the civil procedure law and the administrative procedure law, except as otherwise provided by laws and judicial interpretations.

Article 5 A civil public interest litigation case of first instance brought by the people's procuratorate of a city (sub-prefecture) shall be under the jurisdiction of the intermediate people's court in the place where the infringement is committed or where the defendant is domiciled.

administrative public interest litigation cases of first instance brought by grass-roots people's procuratorates shall be under the jurisdiction of the grass-roots people's court where the accused administrative organ is located.

Article 6 When handling public interest litigation cases, people's procuratorates may investigate and collect evidence from relevant administrative organs, other organizations and citizens; The relevant administrative organs, other organizations and citizens shall cooperate; If it is necessary to take evidence preservation measures, it shall be handled in accordance with the relevant provisions of the Civil Procedure Law and the Administrative Procedure Law.

article 7 the people's court may apply the people's jury system to the trial of public interest litigation cases of first instance initiated by the people's procuratorate.

article 8 when a people's court hears a public interest litigation case brought by a people's procuratorate, it shall serve a notice of appearance to the people's procuratorate three days before the hearing.

the people's procuratorate shall send personnel to appear in court, and shall submit the notice of sending personnel to the people's court within three days from the date of receiving the notice of appearing in court. The notice of sending personnel to appear in court shall specify the name, legal position and specific duties performed in court.

Article 9 Procurators appearing in court shall perform the following duties:

(1) Read the indictment of public interest litigation;

(2) presenting and explaining the evidence collected by the people's procuratorate, and conducting cross-examination on relevant evidence;

(3) participating in court investigations, debating and expressing opinions;

(4) engaging in other litigation activities according to law.

article 1 if a people's procuratorate refuses to accept the judgment or ruling of the people's court of first instance, it may appeal to the people's court at the next higher level.

article 11 when a people's court hears a case of second instance, the people's procuratorate that initiated the public interest litigation will send its personnel to appear in court, and the people's procuratorate at the next higher level may also send its personnel to participate.

article 12 if the judgment or ruling of a public interest litigation case initiated by a people's procuratorate becomes legally effective and the defendant fails to perform it, the people's court shall transfer it for execution.

ii. Civil Public Interest Litigation

Article 13 When a people's procuratorate discovers behaviors that damage the ecological environment and resource protection, infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, and intends to institute public interest litigation, it shall make an announcement according to law, and the announcement period shall be 3 days.

after the expiration of the announcement, if the organs and relevant organizations stipulated by law do not bring a lawsuit, the people's procuratorate may bring a lawsuit to the people's court.

Article 14 When a people's procuratorate files a civil public interest litigation, it shall submit the following materials:

(1) An indictment for civil public interest litigation, and submit a copy according to the number of defendants;

(2) the preliminary evidence that the defendant's behavior has harmed the interests of the public;

(3) certification materials that the procuratorial organ has fulfilled the announcement procedures.

article 15 if a people's procuratorate files a civil public interest lawsuit in accordance with the provisions of paragraph 2 of article 55 of the civil procedure law, and the conditions for prosecution stipulated in paragraphs 2, 3 and 4 of article 119 of the civil procedure law and this interpretation are met, the people's court shall register and file a case.

article 16 in a civil public interest litigation case brought by a people's procuratorate, if the defendant makes a counterclaim, the people's court will not accept it.

article 17 after accepting a civil public interest litigation case filed by the people's procuratorate, the people's court shall serve a copy of the indictment on the defendant within five days from the date of filing the case.

if the people's procuratorate has completed the pre-litigation announcement procedure, the people's court will not make an announcement after filing the case.

article 18 if the people's court considers that the litigation claims put forward by the people's procuratorate are insufficient to protect the interests of the public, it may explain to it that the litigation claims such as stopping the infringement and restoring the original state can be changed or added.

Article 19 During the trial of a civil public interest litigation case, if the people's procuratorate withdraws the prosecution after all the claims have been realized, the people's court shall allow it.

article 2 when a people's procuratorate brings a criminal prosecution against criminal acts that damage the interests of the public, such as destroying the ecological environment and resource protection, infringing on the legitimate rights and interests of many consumers in the field of food and drug safety, it may file an incidental civil public interest lawsuit with the people's court, which will be tried by the same judicial organization.

criminal incidental civil public interest litigation cases initiated by people's procuratorates shall be under the jurisdiction of the people's courts that hear criminal cases.

iii. administrative public interest litigation

article 21 if the people's procuratorate finds that the administrative organs responsible for supervision and management in the fields of ecological environment and resource protection, food and drug safety, state-owned property protection, transfer of state-owned land use rights illegally exercise their functions and powers or do nothing, resulting in the infringement of national interests or social public interests, it shall put forward procuratorial suggestions to the administrative organs and urge them to perform their duties according to law.

the administrative organ shall perform its duties according to law within two months from the date of receiving the procuratorial proposal, and reply to the people's procuratorate in writing. The administrative organ shall give a written reply within fifteen days in case of emergency such as the national interests or the damage to the social public interests continues to expand.

if the administrative organ fails to perform its duties according to law, the people's procuratorate shall bring a lawsuit to the people's court according to law.

Article 22 When a people's procuratorate files an administrative public interest litigation, it shall submit the following materials:

(1) An indictment for administrative public interest litigation, and submit a copy according to the number of defendants;

(2) evidence that the interests of the state or society have been infringed by the defendant's illegal exercise of powers or inaction;

(3) evidence that the procuratorial organ has fulfilled the pre-litigation procedure, but the administrative organ still fails to perform its duties or correct the illegal acts according to law.

article 23 if the people's procuratorate files an administrative public interest lawsuit in accordance with the provisions of paragraph 4 of article 25 of the administrative procedure law, which meets the conditions for prosecution stipulated in paragraphs 2, 3 and 4 of article 49 of the administrative procedure law and this interpretation, the people's court shall register and file a case.

article 24 in the trial of administrative public interest litigation cases, if the defendant corrects the illegal act or performs his duties according to law, and the people's procuratorate withdraws the prosecution, the people's court shall make a ruling to allow it; If the people's procuratorate changes the litigation request and requests to confirm that the original administrative act is illegal, the people's court shall make a judgment to confirm the illegality.

Article 25 The people's court shall make a judgment on administrative public interest litigation according to the following circumstances:

(1) If the sued administrative act falls under any of the circumstances specified in Articles 74 and 75 of the Administrative Procedure Law, the judgment shall be confirmed as illegal or invalid, and the administrative organ may be ordered to take remedial measures at the same time;

(2) If the sued administrative act falls under any of the circumstances stipulated in Article 7 of the Administrative Procedure Law, the judgment shall be revoked or partially revoked, and the sued administrative organ may be ordered to conduct the administrative act again;

(3) If the sued administrative organ fails to perform its statutory duties, the judgment shall be fulfilled within a certain period of time;

(4) if the administrative penalty imposed by the sued administrative organ is obviously improper, or other administrative acts involve the determination and determination of the amount, the judgment shall be changed;

(5) If the evidence of the sued administrative act is conclusive, the applicable laws and regulations are correct, the legal procedures are complied with, the people's procuratorate has not exceeded its authority, abused its authority, and there is no obvious impropriety, or the reason why the people's procuratorate appealed to the sued administrative organ to perform its statutory duties is not established, the judgment shall reject the litigation request.

the people's court may inform the people's government or other relevant functional departments to which the sued administrative organ belongs of the judgment result.

iv. supplementary provisions

article 26 other matters not specified in this interpretation shall be governed by the provisions of the civil procedure law, the administrative procedure law and relevant judicial interpretations.

article 27 this interpretation shall come into force as of March 2, 218.

if the judicial interpretations and normative documents previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail. Objectivity of law:

Civil Procedure Law of the People's Republic of China

Article 55

Public Interest Litigation

Organs and relevant organizations prescribed by law may bring a lawsuit to the people's court for acts that pollute the environment, infringe upon the legitimate rights and interests of many consumers and harm the interests of the public. In performing their duties, the people's procuratorate may bring a lawsuit to the people's court if it finds that it damages the ecological environment and resource protection, infringes on the legitimate rights and interests of many consumers in the field of food and drug safety and other behaviors that harm the interests of the public. Where an organ or organization mentioned in the preceding paragraph brings a lawsuit, the people's procuratorate may support the prosecution.