公益诉讼迎来专门立法(坚持和完善人民代表大会制度)
Ren Min Ri Bao·2025-11-21 00:36

Core Viewpoint - The draft of the "Public Interest Litigation Law" is being reviewed by the National People's Congress, marking a significant step in the legal framework for public interest litigation in China, aiming to enhance the protection of national and social public interests [5]. Summary by Sections Legislative Framework - The draft law outlines the scope of public interest litigation, solidifying 14 existing areas of focus, including environmental protection, food safety, and cultural heritage, while also introducing new areas such as cultural heritage protection and national defense [6]. - The law aims to adapt to emerging public interest issues by allowing for additional areas to be included through future regulations [6]. Investigation and Evidence Collection - The draft law emphasizes the importance of rigorous investigation and evidence collection for public interest litigation, granting prosecutors the authority to gather evidence through various means, including inquiries and inspections [8]. - It establishes strict measures against entities that obstruct investigations, enhancing the enforcement capabilities of public interest litigation [8]. Pre-Litigation Procedures - The draft law prioritizes pre-litigation procedures to resolve public interest issues before resorting to court, with a high success rate in resolving issues through administrative recommendations [9][10]. - It aims to streamline the process, ensuring that administrative bodies take corrective actions before litigation is initiated [9]. Collaborative Governance - The draft law promotes a collaborative governance model, encouraging cooperation between judicial and administrative bodies to enhance the effectiveness of public interest protection [11]. - It establishes mechanisms for information sharing and joint efforts in addressing public interest violations, fostering a comprehensive regulatory environment [11]. Public Participation - The draft law encourages public participation in protecting national and social public interests, creating a bridge between legal protection, public involvement, and social oversight [12]. - It allows social organizations to play a role in public interest litigation, promoting a multi-faceted approach to public interest protection [12].