I. General Provisions Article 1 This Interpretation is formulated in order to correctly apply the provisions of the Civil Procedure Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China on the system of public interest litigation initiated by people's procuratorates, and in light of the actual trial and procuratorial work. Article 2 The main tasks of the people's courts and people's procuratorates in handling public interest litigation cases are to give full play to the functions of judicial trial and legal supervision, safeguard the legal authority of the Constitution, safeguard social fairness and justice, safeguard national interests and social public interests, urge eligible subjects to exercise their public interest litigation rights according to law, and promote administration according to law and strict law enforcement. Article 3 When handling public interest litigation cases, the people's courts and people's procuratorates shall abide by the provisions of the Constitution and laws, the principles of the litigation system and the operating rules of judicial power and procuratorial power. Article 4 The people's procuratorates, as prosecutors of public interest litigation, shall enjoy corresponding litigation rights and perform corresponding litigation obligations in accordance with the Civil Procedure Law and the Administrative Procedure Law, unless otherwise stipulated by laws and judicial interpretations. Article 5 A civil public interest litigation case of first instance initiated by the people's procuratorate of a city (prefecture) shall be under the jurisdiction of the intermediate people's court in the place where the infringement occurred or where the defendant has his domicile.

Cases of administrative public interest litigation of first instance brought by grass-roots people's procuratorates shall be under the jurisdiction of the grass-roots people's court where the administrative organ being sued is located. Article 6 When handling public interest litigation cases, people's procuratorates may investigate and collect evidence from relevant administrative organs, other organizations and citizens. The relevant administrative organs, other organizations and citizens shall cooperate; If it is necessary to take evidence preservation measures, it shall be handled in accordance with the relevant provisions of the Civil Procedure Law and the Administrative Procedure Law. Article 7 The people's court may adopt the people's jury system when trying public interest litigation cases of first instance initiated by the people's procuratorate. Article 8 When trying a public interest litigation case filed by a people's procuratorate, the people's court shall serve a notice of appearance to the people's procuratorate three days before the court session.

The people's procuratorate shall send personnel to appear in court, and shall submit the notice of sending personnel to the people's court within three days from the date of receiving the notice of appearing in court. The notice of sending personnel to appear in court shall specify their names, legal status and specific duties to perform in court. Article 9 A prosecutor appearing in court shall perform the following duties:

(1) Reading out the indictment for public interest litigation;

(2) To present and explain the evidence collected by the people's procuratorate and conduct cross-examination on the relevant evidence;

(three) to participate in court investigations, debates and opinions;

(4) To engage in other litigation activities according to law. Article 10 If a people's procuratorate refuses to accept the judgment or ruling of the people's court of first instance, it may appeal to the people's court at the next higher level. Article 11 When a people's court hears a case of second instance, the people's procuratorate that initiated a public interest lawsuit shall send its personnel to appear in court, and the people's procuratorate at a higher level may also send its personnel to participate. Article 12 If the judgment or ruling of a public interest litigation case filed by a people's procuratorate becomes legally effective and the defendant fails to perform it, the people's court shall transfer it for execution. Two. Civil Public Interest Litigation Article 13 If the people's procuratorate discovers acts that undermine the ecological environment and resource protection and infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, it shall make an announcement according to law, and the announcement period shall be 30 days.

When the announcement expires, the people's procuratorate may bring a lawsuit to the people's court if the organs and relevant organizations stipulated by law do not bring a lawsuit. Article 14 When a people's procuratorate files a civil public interest lawsuit, it shall submit the following materials:

(a) the indictment of civil public interest litigation, and submit a copy according to the number of defendants;

(2) There is preliminary evidence to prove that the defendant's behavior has harmed the public interest;

(3) Prove that the procuratorial organ has fulfilled the announcement procedure. Article 15 If a people's procuratorate brings a civil public interest lawsuit in accordance with the provisions of the second paragraph of Article 55 of the Civil Procedure Law, which meets the conditions for prosecution stipulated in the second, third and fourth paragraphs of Article 119 of the Civil Procedure Law and this interpretation, the people's court shall file a case for registration. Article 16 The people's court shall not accept a civil public interest litigation case brought by the people's procuratorate if the defendant counterclaims it. Article 17 After accepting a civil public interest litigation case filed by the people's procuratorate, the people's court shall serve a copy of the indictment on the defendant within five days from the date of filing the case.

If the people's procuratorate has fulfilled the pre-litigation announcement procedure, the people's court will not make an announcement after filing the case. Article 18 If the people's court considers that the litigation request put forward by the people's procuratorate is insufficient to protect the public interest, it may explain to it that the litigation request such as stopping the infringement and restoring the original state can be changed or added. Article 19 During the trial of a civil public interest litigation case, if the people's procuratorate withdraws the prosecution after all the claims have been fulfilled, the people's court shall allow it. Article 20 When a people's procuratorate files a criminal lawsuit against a criminal act that damages the ecological environment and resource protection and infringes on the legitimate rights and interests of many consumers in the field of food and drug safety, it may file an incidental civil public interest lawsuit with the people's court, which will be tried by the same judicial organization.

Cases of criminal incidental civil public interest litigation initiated by people's procuratorates shall be under the jurisdiction of the people's courts that hear criminal cases. Three. Administrative Public Interest Litigation Article 21 If a people's procuratorate finds that an administrative organ responsible for supervision and management in the fields of ecological environment and resource protection, food and drug safety, protection of state-owned property, assignment of state-owned land use right, etc. illegally exercises its functions and powers or does not act, thus infringing on the national interests or social public interests, it shall put forward procuratorial suggestions to the administrative organ and urge it to perform its duties according to law.

The administrative organ shall perform its duties according to law within two months from the date of receiving the procuratorial proposal, and give a written reply to the people's procuratorate. The administrative organ shall give a written reply within fifteen days in case of emergency, such as the damage to the national interests or the public interests.

If the administrative organ fails to perform its duties according to law, the people's procuratorate shall bring a lawsuit to the people's court according to law.