Supervision rules of public interest litigation

Rules of the People's Procuratorate on Civil Procedure Supervision

(Adopted at the 62nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on February 9, 2002/KLOC-0, and implemented as of August/KLOC-0, 2002).

Eyes; record

Chapter I General Provisions

Chapter II; avoid

Chapter III; accept and hear a case

Chapter iv; check

Section 1 General Provisions

Section 2 Hearing

Section 3; Investigate and verify

Section 4 Suspension of Examination and Termination of Examination

Chapter 5; Supervision of effective judgments, rulings and conciliation statements

Section 1 General Provisions

Section 2 Suggestions on Retrial and Protest

Section 3; protest

Section 4 Appearing in Court

Chapter VI Supervision of Judges' Illegal Acts in Trial Procedure

Chapter VII Supervision of Implementation Activities

Chapter 8; Case management

Chapter IX Other Provisions

Chapter X Supplementary Provisions

The first chapter; general rule

Article 1 These Rules are formulated in accordance with the Civil Procedure Law of People's Republic of China (PRC), the Organic Law of the People's Procuratorate of People's Republic of China (PRC) and other relevant provisions, and in combination with the actual work of the People's Procuratorate.

Article 2 People's procuratorates independently exercise procuratorial power according to law, and safeguard judicial justice and authority, national interests and social public interests, the legitimate rights and interests of natural persons, legal persons and unincorporated organizations, and ensure the unified and correct implementation of national laws by handling civil litigation supervision cases.

Article 3; The people's procuratorates exercise legal supervision over civil litigation activities through protests and procuratorial suggestions.

Article 4 When handling civil litigation supervision cases, the people's procuratorates shall take facts as the basis, take the law as the criterion, adhere to the principles of openness, fairness, justice, honesty and credibility, respect and protect the litigation rights of the parties, and supervise and support the people's courts to exercise judicial power and enforcement power according to law.

Article 5; The complaint prosecution, civil prosecution and case management departments are respectively responsible for the acceptance, handling and management of civil litigation supervision cases, and all departments cooperate and restrict each other.

Article 6; The people's procuratorates handle civil litigation supervision cases and implement the responsibility system for handling cases by prosecutors. Prosecutors, procurators and procuratorial committees make decisions on handling cases within their respective functions and powers, and bear corresponding judicial responsibilities in accordance with regulations.

Article 7 A people's procuratorate may handle a case of civil litigation supervision by a prosecutor alone or by a case-handling team composed of two or more prosecutors according to the circumstances of the case. If the case is handled by the prosecutor's case-handling team, the procurator-general shall designate a prosecutor as the presiding prosecutor to organize and direct the case-handling team to handle the case.

When handling cases, prosecutors may, as necessary, be equipped with assistant prosecutors, clerks, judicial police, procuratorial technicians and other procuratorial personnel. Auxiliary prosecutors shall undertake corresponding auxiliary procuratorial affairs in accordance with relevant regulations.

Article 8 the Supreme People's Procuratorate leads local people's procuratorates at all levels and special people's procuratorates to supervise civil litigation, and the people's procuratorates at higher levels lead the people's procuratorates at lower levels to supervise civil litigation.

If the people's procuratorate at a higher level thinks that the decision of the people's procuratorate at a lower level is wrong, it has the right to order the people's procuratorate at a lower level to correct it, or revoke or change it according to law. The decision of the people's procuratorate at a higher level shall be made in writing, and the people's procuratorate at a lower level shall implement it. If the people's procuratorate at a lower level has different opinions on the decision of the people's procuratorate at a higher level, it may report to the people's procuratorate at a higher level while implementing it.

The people's procuratorate at a higher level may, in accordance with the law, uniformly convene the procurators in their respective jurisdictions to handle civil litigation supervision cases, and the convening decision shall be made in writing. The summoned prosecutor may perform relevant procuratorial duties on behalf of the people's procuratorate handling the case.

Article 9 The procurator-general of a people's procuratorate or a deputy procurator-general entrusted by the procurator-general may attend the judicial committee of the people's court at the corresponding level to discuss civil protest cases or other topics related to civil litigation supervision in accordance with regulations.

Article 10; The people's procuratorate shall implement the withdrawal system in handling civil litigation supervision cases.

Article 11 When handling cases of civil litigation supervision, public prosecutors should adhere to an objective and fair position and consciously accept supervision.

Procurators shall not accept guests, gifts or other benefits from the parties and their agents ad litem, special parties or intermediary organizations, and shall not meet the parties and their clients in violation of regulations.

Procurators who accept bribes, bending the law and other acts shall be investigated for disciplinary responsibility and legal responsibility.

Procurators shall, in accordance with the relevant provisions, comprehensively, truthfully and promptly record and report the acts of asking questions or interfering in the handling of civil litigation supervision cases and other major matters.

Chapter II; avoid

Article 12; If a public prosecutor falls under any of the circumstances stipulated in Article 44 of the Civil Procedure Law of People's Republic of China (PRC), he shall withdraw, and the party concerned has the right to apply for his withdrawal.

The provisions of the preceding paragraph shall apply to clerks, translators, appraisers, inspectors, etc.

Article 13 A public prosecutor may recuse himself orally or in writing, and explain the reasons. If an application is made orally, it shall be recorded in the volume.

Article 14 If a party applies for withdrawal, it shall do so orally or in writing and explain the reasons before the people's procuratorate makes a decision to lodge a protest or a procuratorial suggestion. If an application is made orally, it shall be recorded in the volume. In accordance with the provisions of the second paragraph of Article 44 of the Civil Procedure Law of People's Republic of China (PRC), the applicant shall provide relevant evidence.

Before the people's procuratorate makes a decision on whether to withdraw, the person who has been applied for withdrawal shall suspend his participation in the work of this case, unless the case requires emergency measures.

Article 15 A public prosecutor shall withdraw, and if he fails to withdraw voluntarily, if the party concerned fails to apply for withdrawal, the chief procurator or the procuratorial committee shall decide to withdraw.

Article 16; The withdrawal of the procurator-general shall be discussed and decided by the procuratorial committee; The withdrawal of prosecutors and other personnel shall be decided by the chief procurator. When discussing the withdrawal of the procurator-general, the procuratorial committee shall be presided over by the deputy procurator-general, and the procurator-general shall not participate.

Article 17 The People's Procuratorate shall, within three days, make a decision on the application for withdrawal filed by the party concerned and notify the applicant. If the applicant refuses to accept the decision, he may apply to the original decision-making organ for reconsideration once after receiving the decision. The people's procuratorate shall make a reconsideration decision within three days and notify the applicant for reconsideration. During the period of reconsideration, the person who applies for withdrawal will not stop participating in the work of this case.

Chapter III; accept and hear a case

Eighteenth sources of civil litigation supervision cases include:

(a) the parties to the people's Procuratorate for supervision;

(2) A natural person, legal person or unincorporated organization other than the party brings a lawsuit to the people's procuratorate;

(3) discovered by the people's procuratorate in performing its duties.

Nineteenth in any of the following circumstances, the parties may apply to the people's Procuratorate for supervision:

(1) The legally effective civil judgment, ruling or conciliation statement conforms to the provisions of the first paragraph of Article 209 of the Civil Procedure Law of People's Republic of China (PRC);

(2) Believing that the judges have violated the law in the civil trial procedure;

(three) that there are illegal civil enforcement activities.

Article 20 Where a party applies to the people's procuratorate for supervision in accordance with the provisions of the first paragraph of Article 19 of these Rules, it shall do so within two years from the date when the people's court decides to reject the application for retrial or the retrial judgment or ruling becomes legally effective.

The time limit stipulated in this article is fixed, and the provisions of suspension, interruption and extension are not applicable.

Cases in which the people's procuratorates initiate supervision procedures ex officio are not subject to the time limit prescribed in the first paragraph of this article.

Article 21 When applying for supervision to a people's procuratorate, a party concerned shall submit an application for supervision, an appraisal, relevant legal documents and evidential materials. Where evidential materials are submitted, a list of evidences shall be attached.

If the application materials for supervision are incomplete, the people's procuratorate shall require the applicant to complete them within a time limit and clearly inform all the materials that should be completed at one time. If the applicant fails to complete the application within the time limit, it shall be deemed to have withdrawn the regulatory application.

Article 22 The application for supervision as stipulated in Article 21 of these Rules shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and effective contact information of the applicant, the name and domicile of the legal person or unincorporated organization, and the name, position and effective contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit, domicile and effective contact information of other parties, and information such as the name, domicile, responsible person and effective contact information of legal person or unincorporated organization;

(3) Application for supervision request;

(four) the specific legal circumstances, facts and reasons for applying for supervision.

The applicant shall submit a copy of the application for supervision according to the number of other parties.

Article 23 The identity certificates specified in Article 21 of these Rules include:

(a) the resident identity card, military officer's card, soldier's card, passport and other valid documents that can prove the identity of a natural person;

(2) A certificate of unified social credit code or a copy of the business license of a legal person or an unincorporated organization, an organization code certificate and the identity certificate of its legal representative or principal responsible person and other valid certificates.

The people's procuratorate shall keep a verified copy of the identity certificate submitted by the parties.

Article 24 The relevant legal documents stipulated in Article 21 of these Rules refer to all judgments, rulings, decisions, conciliation statements and other legal documents made by the people's courts in the course of litigation in this case.

Article 25; When applying for supervision, a party may entrust an agent ad litem in accordance with the Civil Procedure Law of People's Republic of China (PRC).

Twenty-sixth parties to apply for supervision meet the following conditions, the people's Procuratorate shall accept:

(a) in accordance with the provisions of article nineteenth of these rules;

(2) The materials provided by the applicant conform to the provisions of Articles 21 to 24 of these Rules;

(3) Belonging to the scope of accepting cases in our hospital;

(four) do not have the conditions of inadmissibility stipulated in these rules.

Twenty-seventh parties apply to the people's procuratorate for supervision according to the provisions of the first paragraph of Article 209 of the Civil Procedure Law of People's Republic of China (PRC). In any of the following circumstances, the people's procuratorate will not accept it:

(a) the parties have not applied to the people's court for retrial;

(two) the application for retrial by the parties exceeds the time limit prescribed by law, except for reasons not attributable to them;

(three) the people's court is examining the application for civil retrial within the statutory time limit;

(four) the people's court has ruled that the retrial has not yet been concluded;

(5) Dissolving the marriage relationship through judgment or mediation, except those who refuse to accept the division of property;

(six) the people's Procuratorate has completed the examination and made a decision;

(7) civil judgments, rulings and conciliation statements made by the people's court after retrial according to the protest or retrial proposal of the people's procuratorate;

(eight) the application for supervision exceeds the time limit stipulated in Article twentieth of these rules;

(nine) other circumstances that should not be accepted.

Twenty-eighth parties believe that there are illegal circumstances in civil trial procedures or execution activities, and apply to the people's procuratorate for supervision. In any of the following circumstances, the people's procuratorate shall not accept it:

(a) the law provides that an objection, an application for reconsideration or a lawsuit may be filed, and the parties concerned have not raised an objection, applied for reconsideration or filed a lawsuit, except for justified reasons;

(2) After a party raises an objection, applies for reconsideration or brings a lawsuit, the people's court has accepted it and is examining and handling it, unless it fails to handle it within the statutory time limit;

(3) Other circumstances that should not be accepted.

Where a party applies for supervision over the illegal acts of judicial and law enforcement personnel, it shall not be subject to the restrictions stipulated in the preceding paragraph.

Article 29 Where a party submits a procuratorial proposal or protest to a people's procuratorate in accordance with the provisions of the first paragraph of Article 209 of the Civil Procedure Law of People's Republic of China (PRC), it shall be accepted by the people's procuratorate at the same level that has made an effective civil judgment, ruling or conciliation statement.

If the people's court decides to reject the application for retrial or fails to make a ruling on the application for retrial within the time limit, and the parties apply to the people's procuratorate for supervision, it shall be accepted by the people's procuratorate at the same level where the people's court that made the original effective civil judgment, ruling or conciliation statement is located.

Article 30 If a party considers that there is an illegal act of a judge or an illegal act of civil execution in the civil trial procedure and applies to the people's procuratorate for supervision, it shall be accepted by the department of the people's procuratorate at the same level where the people's court where the case is tried and executed.

If a party refuses to accept the reconsideration ruling or decision made by a higher people's court and applies for supervision, it shall be accepted by the people's procuratorate at the same level where the higher people's court is located. After accepting a case, the people's procuratorate may, when necessary, transfer the case to the people's procuratorate at the same level where the people's court that originally tried the case executed it.

Article 31; If a party considers that the people's procuratorate fails to accept its application for supervision according to law, it may apply to the people's procuratorate at the next higher level for supervision. If the people's procuratorate at a higher level considers that the application for supervision by a party meets the acceptance conditions, it shall instruct the people's procuratorate at a lower level to accept it, or it may accept it directly if necessary.

Thirty-second people's Procuratorate departments responsible for the prosecution of complaints shall handle the application for supervision according to the following circumstances:

(1) If the conditions for acceptance are met, an acceptance decision shall be made in accordance with the provisions of these Rules;

(2) If it does not fall within the scope of accepting cases in our hospital, it shall inform the applicant to apply to the relevant people's procuratorate for supervision;

(three) does not belong to the scope of the people's Procuratorate, it shall inform the applicant to reflect to the relevant authorities;

(four) does not meet the acceptance conditions, and the applicant does not withdraw the application for supervision, you can decide not to accept.

Article 33 The department responsible for prosecuting complaints shall, within three days from the date of accepting the decision, make a notice of acceptance, send it to the applicant and inform him of his rights and obligations; At the same time, send a copy of the Notice of Acceptance and the Application for Supervision to other parties to inform them of their rights and obligations. Other parties may submit written opinions within 15 days from the date of receiving the copy of the supervision application. If no comments are made, it will not affect the people's procuratorate's review of the case.

Article 34 The competent department of complaint and prosecution shall, within three days from the date of deciding to accept the case, transfer the case materials to the competent department of civil prosecution of our hospital, and at the same time, send a copy of the Notice of Acceptance to the case management department of our hospital. The department in charge of prosecution shall promptly forward the written opinions and other materials submitted by other parties to the department in charge of civil prosecution.

Article 35 If a natural person, legal person or unincorporated organization other than a party thinks that a judge in a civil trial procedure of a people's court has committed an illegal act or that a civil execution activity has committed an illegal act, it may lodge a complaint with the people's procuratorate at the same level. The complaint shall be accepted by the department in charge of prosecution of the People's Procuratorate.

The department in charge of complaints shall handle the complaints received in accordance with the provisions of the people's procuratorate on letters and visits.

Article 36 The department in charge of complaints may, in accordance with the provisions of the People's Procuratorate on the work of letters and visits, hand over the cases of letters and visits involving the supervision of civil litigation to the people's procuratorates at lower levels.

Article 37; In the course of performing their duties, the people's procuratorate shall start the supervision procedure ex officio if it finds any of the following circumstances in a civil case:

(a) damage to national interests or social public interests;

(two) judicial and law enforcement personnel have corruption, bribery, favoritism, perverting the law and other illegal acts;

(three) the parties have false litigation and other acts that hinder the judicial order;

(four) the people's court has made a legally effective judgment, ruling or mediation of civil public interest litigation is indeed wrong, and the judges have committed illegal acts in the trial procedure, or the execution activities are illegal;

(five) follow-up supervision in accordance with the relevant provisions of the people's Procuratorate;

(six) there is a significant social impact and other circumstances that really need supervision.

The people's procuratorate starts the civil case supervision procedure ex officio, and is not limited by whether the parties apply for retrial.

Article 38; Cases protested or supervised by people's procuratorates at lower levels shall be accepted by the department in charge of case management of people's procuratorates at the next higher level.

The competent civil procuratorial department shall, in accordance with its functions and powers, register and accept civil litigation supervision cases that start supervision procedures.

Article 39; After receiving the case materials, the case management department shall register within three days and hand over the case materials and case registration form to the civil procuratorial department; If the case materials are not in conformity with the provisions, they shall be required to make corrections.

If the case management department needs to notify the parties after registration and acceptance, the civil procuratorial department shall make a notice of acceptance and serve it on the parties within three days.

Legal basis:

Article 3 The people's procuratorates exercise legal supervision over civil litigation activities through protests and procuratorial suggestions.