Supreme People's Court, Interpretation on the Application of the «PRC Civil Procedure Law»

With respect to mediation, when a people's court mediates a case, if a party cannot appear in court, an appointed agent specially authorised by him/her may participate in the mediation and any settlement agreement that is reached may be executed by such appointed agent (Article 147).

If, after the parties reach an agreement through reconciliation between themselves or mediation, they request that the people's court produce a judgment based on the settlement agreement, the people's court shall refuse such request (Article 148).

If a party requests the production of a written mediation statement, the people's court may produce the same after review and confirmation, and have it delivered to the parties. The refusal by a party to accept the written mediation statement shall not affect the validity of the settlement agreement (Article 151).

The acceptance by a people's court of a public interest litigation case shall not affect the institution of a legal action pursuant to Article 119 of the Civil Procedure Law by a party injured by the same tort (Article 288).

The Interpretation also specifies the criteria for a people's court to accept environmental or consumer rights related public interest cases including:

(1) a definite defendant;

(2) specific claims; and

(3) prima facie evidence that the public interest has been prejudiced (Article 284).

Related legislation: PRC Civil Procedure Law (2nd Revision); PRC Environmental Protection Law (Revised); PRC Law on the Protection of the Rights and Interests of Consumers (2nd Revision)

clp reference:1420/15.01.30promulgated:2015-01-30effective:2015-02-04