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Guidelines for Procuratorates on Handling Civil Public Interest Lawsuits (For Trial Implementation) (2018)

检察机关民事公益诉讼案件办案指南(试行)

Type of laws Judicial policy

Issuing body Supreme People's Procuratorate

Promulgating date Mar 12, 2018

Effective date Mar 12, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Procedure Law

Editor(s) Huang Yanling 黄燕玲

Guidelines for Procuratorates on Handling Civil Public Interest Lawsuits (For Trial Implementation) were promulgated on 12 Mar. 2018, and entered into force on the same date.

The Guidelines aim to guide procuratorates to handle public interest lawsuits.

The key points are as follows:

  1. Procuratorates may initiate an action before the people’s court, in the absence of authorities and organizations prescribed by law or when the statutory authorities and organizations decide not to file a lawsuit, if they find any behavior that does harm to the protection of the ecological environment and resources, practice in the food and drug safety field that infringes upon the legitimate rights and interests of consumers, or any other act that damages the social benefits of the masses in discharging their functions and duties.

  2. Where a procuratorate files an incidental civil public interest lawsuit against a criminal act that impairs public interests such as damage to the protection of the ecological environment and resources, and infringement upon the legitimate rights and interests of a large number of consumers in the food and drug field, the lawsuit shall fall within the jurisdiction of the people’s procuratorate handling the criminal case.

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