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检察公益诉讼法草案亮相:调查取证不得查封扣押财产
2 1 Shi Ji Jing Ji Bao Dao·2025-10-28 07:18

Core Viewpoint - The draft of the Public Interest Litigation Law is under review by the 18th meeting of the 14th National People's Congress Standing Committee, marking a decade since the pilot program began in 2015 and was officially implemented in 2017 [3][4]. Summary by Sections Development of Public Interest Litigation - The public interest litigation system has expanded its scope from initial areas such as ecological environment and resource protection to include 14 fields, including the protection of minors, safety production, and personal information protection [4]. - From July 2015 to September 2025, over 1.224 million public interest litigation cases have been handled nationwide, with 151,270 cases filed in 2024 alone [4]. Legislative Enhancements - The draft law specifies 14 areas of public interest litigation, adding two new fields: cultural heritage protection and national defense and military interests, addressing previous legal gaps [4]. - The legislation aims to clarify and improve the legal basis for public interest litigation, enhancing public awareness and understanding of the system [4]. Focus Areas in Discussions - Key topics during discussions included labor rights, protection of specific groups, and safety in emerging fields, reflecting the urgent need for legal frameworks to protect these interests [5][6]. - Suggestions were made to integrate protections for vulnerable groups such as women, the elderly, and disabled individuals into a unified framework [6]. Problem-Solving Mechanisms - The draft emphasizes pre-litigation measures to resolve issues without going to court, with a high response and rectification rate of 98.5% for suggestions made to administrative bodies [7]. - The draft outlines procedures for public interest litigation, including the requirement for administrative bodies to respond to rectification suggestions within a specified timeframe [7]. Public Participation and Oversight - The draft encourages public involvement in protecting national and social interests, allowing citizens to provide leads and supervise case handling [8]. - It establishes clear guidelines for evidence collection and prohibits coercive measures by the prosecution, ensuring a balanced approach to public interest litigation [9]. Judicial Collaboration - The draft clarifies the roles of the People's Court and the People's Procuratorate in public interest litigation, aiming to enhance collaboration and protect public interests effectively [10]. - It also specifies the responsibilities of both parties in litigation processes, promoting a more structured and efficient judicial system [10].