Lehman, Lee & Xu - China Litigation Lawyers Alert

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China's top legislature has passed a draft legal document, allowing prosecutors to file public interest litigation in civil and administrative cases.

The document underscores cases of public concern, like those involving food safety and environmental protection.

CRI's Huang Shan has more.

According to the document, a two-year program led by the office of China's top prosecutor is set to be implemented in 13 provincial divisions including Beijing, Guizhou, Shaanxi, and Inner Mongolia.

Zheng Xin with the civil administration office of China's top legislature gives more detail.

"Prosecutors can file a civil lawsuit against any act that compromises public rights and interests by way of pollution or food and drug safety. They can also file an administrative lawsuit against abuse of administrative power, or failure of officials, in cases related to environmental protection, state assets and state land use."

For years in China, plaintiffs have been restricted to citizens, corporations, and organizations whose interests are directly related to a lawsuit.

The spokesperson of China's Supreme People's Procuratorate, Xiao Wei, gives the importance of engaging prosecutors in public interest litigation.

"Compared to other subjects of litigation, prosecutors have no self-interest involved in the case, so they are suitable to file a lawsuit on behalf of the country and society. They are authorized with investigative power and equipped with professional teams, which can facilitate the litigation in an efficient way, and significantly reduce judicial costs."

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.

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

http://english.cri.cn/12394/2015/07/03/4021s885611.htm

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