Supreme People's Court, Implementing Measures for the Pilot Project for the Trial by People's Courts of Public Interest Litigation Cases Instituted by People's Procuratorates

Main contents: Where a people's procuratorate is of the opinion that a defendant has committed an act that harms the public interest, such as polluting the environment, causing ecological damage, and infringing upon the lawful rights and interests of numerous consumers in the area of food and drug safety, and there is no subject with standing to institute a legal action or no subject with standing institutes a legal action, and it institutes a civil public interest action in the people's court, the people's court shall record the same and open a case provided that Items (2), (3) and (4) of Article 119 of the Civil Procedure Law are satisfied (Article 1).

Where a people's procuratorate is of the opinion that an administrative authority or an organization authorized by laws, regulations or rules with oversight duties in areas such as ecological environment and resource protection, state-owned asset protection or state-owned land use rights granting exercises its functions and powers in an illegal manner or fails to perform its statutory duties, thereby prejudicing the national and public interest, and it institutes an administrative public interest action in the people's court, the people's court shall record the same and open a case provided that Items (2), (3) and (4) of Article 49 of the Administrative Procedure Law are satisfied (Article 11).

Related legislation: Decision on Authorizing the Supreme People's Procuratorate to Launch the Pilot Project for Public Interest Litigation in Certain Regions; PRC Civil Procedure Law; PRC Administrative Procedure Law (Revised); PRC Environmental Protection Law (Revised); and Interpretation on the Application of the <PRC Civil Procedure Law>

clp reference:1400/16.02.25 issued:2016-02-25 effective:2016-03-01

Issued: February 25 2016

Effective: March 1 2016

Applicability: For public interest litigation cases instituted by people's procuratorates and tried by the people's court on which these Measures are silent, the PRC Civil Procedure Law or the PRC Administrative Procedure Law and relevant judicial interpretations shall apply (Article 23).

The Measures apply to Beijing, Inner Mongolia, Jilin, Jiangsu, Anhui, Fujian, Shandong, Hubei, Guangdong, Guizhou, Yunnan, Shaanxi and Gansu (Article 24).

Main contents: Where a people's procuratorate is of the opinion that a defendant has committed an act that harms the public interest, such as polluting the environment, causing ecological damage, and infringing upon the lawful rights and interests of numerous consumers in the area of food and drug safety, and there is no subject with standing to institute a legal action or no subject with standing institutes a legal action, and it institutes a civil public interest action in the people's court, the people's court shall record the same and open a case provided that Items (2), (3) and (4) of Article 119 of the Civil Procedure Law are satisfied (Article 1).

Where a people's procuratorate is of the opinion that an administrative authority or an organization authorized by laws, regulations or rules with oversight duties in areas such as ecological environment and resource protection, state-owned asset protection or state-owned land use rights granting exercises its functions and powers in an illegal manner or fails to perform its statutory duties, thereby prejudicing the national and public interest, and it institutes an administrative public interest action in the people's court, the people's court shall record the same and open a case provided that Items (2), (3) and (4) of Article 49 of the Administrative Procedure Law are satisfied (Article 11).

Related legislation: Decision on Authorizing the Supreme People's Procuratorate to Launch the Pilot Project for Public Interest Litigation in Certain Regions; PRC Civil Procedure Law; PRC Administrative Procedure Law (Revised); PRC Environmental Protection Law (Revised); and Interpretation on the Application of the <PRC Civil Procedure Law>

clp reference:1400/16.02.25 issued:2016-02-25 effective:2016-03-01