Rules for the Handling of Public Interest Litigation Cases by People’s Procuratorates were promulgated on 29 June 2021, and entered into force on 1 July 2021.
There are 112 articles in total. The Rules aim to regulate the people’s procuratorates in the performance of their procuratorial duties for public interest lawsuits.
The key points are as follows:
The people’s procuratorates shall perform their procuratorial duties for public interest lawsuits by giving procuratorial suggestions, initiating an action before a court and supporting the initiation of an action before a court.
For administrative public interest litigation cases, the people’s procuratorates at the same level as administrative authorities shall have jurisdiction for filing such cases. Where such administrative authorities are people’s governments, people’s procuratorates at the next higher level may also exercise jurisdiction for filing the cases if more appropriate.
For civil public interest litigation cases, the primary people’s procuratorates at the place of occurrence of the illegal act, damage or domicile of the offender shall have jurisdiction for filing such cases. For a civil public interest lawsuit collateral to criminal proceedings, the people’s procuratorate that handles the criminal case shall have jurisdiction for filing the case.
The people’s procuratorates may bring a claim before a people’s court, requiring the defendant to, among others, discontinue the infringements, remove the nuisance, eliminate the danger, restore to the original condition, or compensate for the losses entailed. The people’s procuratorate may claim that the appraisal, assessment, expert consulting expenses and other expenses it has paid for the litigation shall be borne by the defendant at the time of filing the lawsuit.