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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
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].
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
Xin Jing Bao· 2025-10-26 23:08
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]
检察公益诉讼立法:为公共利益筑牢法治屏障
Nan Fang Du Shi Bao· 2025-10-26 00:22
Core Viewpoint - The draft of the Public Interest Litigation Law submitted for review marks a significant step towards the legalization of public interest litigation in China, addressing the gap in protecting public interests in various sectors such as environmental protection, food safety, and state asset protection [1][2]. Group 1: Legislative Framework - The draft consists of 6 chapters and 53 articles, outlining the areas, principles, authority allocation, and procedures for public interest litigation by the People's Procuratorate [1]. - The establishment of this legal framework aims to resolve the issue of "subject absence" in public interest protection, allowing the procuratorial organs to act as representatives of public interests [1][3]. Group 2: Achievements and Impact - Since the inception of the public interest litigation system, significant achievements have been made, with over 1.224 million cases handled from July 2015 to September 2025, including 1.102 million administrative and 122,000 civil public interest litigation cases, with a 99.6% support rate for filed lawsuits [2]. - The system has effectively addressed issues related to food safety and environmental protection, utilizing advanced technologies for pollution detection and enhancing collaboration with government agencies [2]. Group 3: Innovations in the System - The draft expands the scope of public interest litigation from 4 traditional supervisory areas to 14 statutory areas, reflecting the evolving needs of society and broadening the boundaries of judicial protection for public interests [3]. - It introduces a new procedural model combining pre-litigation consultation, procuratorial suggestions, and litigation, which aims to optimize judicial resources and enhance protective outcomes [3]. - The draft also empowers procuratorial organs with investigative rights, addressing challenges in evidence collection for public interest litigation [3].
为公益司法保护“中国方案”夯实法律基础
Xin Hua Wang· 2025-10-24 22:21
Core Points - The draft of the Public Interest Litigation Law was presented for the first time to the Standing Committee of the National People's Congress, establishing a legal foundation for the "Chinese solution" to public interest judicial protection [1][2] - The public interest litigation system addresses issues related to food safety, protection of the elderly, and personal information security, allowing the prosecution to represent the public in lawsuits against entities harming public interests [1] - The system has evolved from focusing on four areas, such as ecological environment and food safety, to over ten areas, including anti-telecom fraud and barrier-free environment construction, demonstrating its growing effectiveness in safeguarding national interests and promoting social governance [1] Legislative Importance - The establishment of the Public Interest Litigation Law aims to consolidate beneficial experiences and outcomes from reform practices into a legal framework, addressing the fragmentation and lack of detail in existing laws [2] - The law is intended to provide systematic legal support for timely and effective public interest protection, enhancing the precision and standardization of case handling [2] - The legislative process will involve public consultation to incorporate diverse insights, ensuring the law meets the practical needs of economic and social development while strengthening collaboration across various fields [2]
专家:直面行政立法执法司法短板,构建行政法学自主知识体系
Core Points - The conference emphasized the importance of constructing an independent knowledge system for administrative law in China to enhance governance and legal confidence [1][2] - The meeting highlighted the need for reforms in administrative litigation to improve the accessibility and effectiveness of legal remedies for administrative subjects [2][3] - The discussion included the necessity of addressing various issues in law enforcement and judicial practices, such as non-action and improper actions by law enforcement agencies [4][5] Group 1: Conference Overview - The annual meeting of the Administrative Law Research Association focused on deepening reforms and building a rule-of-law government [1] - The meeting marked the 40th anniversary of the association, reflecting on its achievements and discussing the historical mission of administrative law in the new era [1] Group 2: Legislative and Institutional Reforms - The upcoming National People's Congress meeting will review the draft of the Public Interest Litigation Law, which aims to enhance legal supervision in governance [3] - The need for a systematic approach to supervising administrative violations was emphasized, particularly in light of the recent reforms initiated by the 20th National Congress [3] Group 3: Current Issues in Law Enforcement - The conference addressed ongoing issues in law enforcement, including excessive administrative checks and the need for better protection of new employment groups' rights [4][5] - A nationwide campaign to standardize administrative enforcement has led to a significant reduction in administrative inspections, with a reported 30% decrease in inspections from January to August [4][5]
最高检公益诉讼检察厅负责人就生态环境和资源保护检察公益诉讼起诉典型案例答记者问
Yang Shi Wang· 2025-06-05 02:19
Core Viewpoint - The Supreme People's Procuratorate has released typical cases of public interest litigation related to ecological environment and resource protection, emphasizing the importance of ecological civilization and the role of public interest litigation in promoting green development and environmental governance [1][2][3]. Group 1: Background and Objectives - The release of typical cases aligns with the theme of "Beautiful China, I Take the Lead" for World Environment Day, aiming to promote Xi Jinping's ecological civilization thought and mobilize society to practice ecological concepts [1][2]. - The public interest litigation system is highlighted as a significant practice of Xi Jinping's legal thought, focusing on ecological and resource protection [1][2]. Group 2: Achievements in Public Interest Litigation - From January 2024 to May 2025, a total of 74,000 cases related to ecological environment and resource protection were handled, with over 6,700 public interest litigations initiated, accounting for 57% of all public interest litigation cases [3]. - The ecological environment and resource protection sector is identified as a traditional and mature area for public interest litigation, serving as a foundation for high-quality development in this field [3]. Group 3: Key Initiatives and Actions - The Supreme People's Procuratorate has organized seminars to enhance collaboration between prosecutorial and administrative enforcement agencies for the protection of major river basins, such as the Yangtze and Yellow Rivers, resulting in numerous public interest litigation cases [4][5]. - A year-long initiative focusing on the protection of the Yellow River has led to 2,719 public interest litigation cases addressing key environmental issues [4]. - The establishment of a collaborative platform for public interest litigation in the Yellow River basin aims to enhance legal support for national water security [6]. Group 4: Characteristics of Typical Cases - The released cases include six administrative and four civil public interest litigations, addressing issues such as water pollution, hazardous waste, and ecological protection in various regions [7]. - The cases emphasize cross-regional cooperation in ecological protection, particularly in areas like the Yangtze River Delta, where illegal waste disposal poses significant environmental threats [7][8]. Group 5: Future Directions - The procuratorial system aims to enhance its role in ecological protection by focusing on high-quality public interest litigation and addressing key environmental issues through targeted actions [10][11]. - Plans include strengthening collaboration with administrative agencies, improving the quality of public interest litigation, and enhancing the professional capabilities of prosecutorial staff [12][13].