Prosecutors may litigate in public's interest

The top legislature approved on Wednesday a draft document that allows prosecutors to instigate public interest litigation in civil and administrative cases.

According to a statement released after a bimonthly session of the Standing Committee of the National People's Congress, the document authorized a two-year program led by the Supreme People's Procuratorate in 13 provincial regions.

Prosecutors will be allowed to file a lawsuit against any act that compromises public rights and interests in the areas of pollution or food and drug safety.

They can also file an administrative lawsuit against abuse of administrative power or nonfeasance in cases related to environmental protection, State assets and State land use.

It was underscored that social equity, and national and public interests must be safeguarded.

Before acting, the courts should urge administrative authorities to correct their wrongdoings, or assist governmental and nongovernmental organizations to file the case.

Public interest litigation is fairly new in China. For years, plaintiffs have been strictly confined to citizens, corporations and organizations whose interests are directly related to a lawsuit.

A 2012 amendment to the Civil Procedure Law first allowed agencies or organizations to bring litigation against those who undermined public welfare by polluting or infringing on consumers' interests. It was a major step forward in creating a public interest litigation system in China.

The revision to the Environmental Protection Law in April continued the process, allowing environmental organizations to instigate public interest litigation.

Engaging prosecutors in public interest litigation was included in a legal reform plan adopted at a key Communist Party of China session last year.

(China Daily 07/02/2015 page4)