检察公益诉讼法草案初审，公益司法保护“中国方案”有三大看点

Core Viewpoint - The draft of the Public Interest Litigation Law has been submitted for review, establishing a legal framework for public interest litigation in China, which aims to protect the interests of the public and enhance the role of the procuratorial organs as representatives of public interest [1] Group 1: Definition and Scope of Public Interest Litigation - The public interest litigation system allows procuratorial organs to act as representatives of the public when public interests are harmed and no suitable party is available to file a lawsuit [2] - Since its pilot in 2015 and formal implementation in 2017, the scope of public interest litigation has expanded from initial areas like ecological protection and food safety to include more than ten fields such as anti-telecom fraud and personal information protection, with over 1.224 million cases handled from July 2015 to September 2025 [2] - The draft law specifies the areas in which public interest litigation can be pursued, adding mature fields like national defense and military interests, while also including a catch-all provision for other legally defined areas [2] Group 2: Encouragement of Public Participation - The draft encourages public participation by allowing individuals and organizations to provide leads on violations of national and social public interests to the procuratorial organs, thereby enhancing oversight of public interest litigation cases [3] - It grants procuratorial organs the authority to gather evidence and conduct investigations, responding to the needs of case handlers [3] Group 3: Focus on Pre-Litigation Remedies - The draft emphasizes achieving public interest protection before litigation, with procuratorial organs having submitted over 868,000 recommendations to administrative bodies from July 2015 to September 2025, achieving a response and rectification rate of 98.5% [4] - If an administrative body fails to act against violations after receiving recommendations, the procuratorial organ will proceed with litigation if public interests remain harmed [5] - The draft also clarifies the burden of proof in administrative and civil public interest litigation cases and outlines procedures for mediation and enforcement [5]