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The Rules for People's Procuratorates to Handle Public Interest Litigation were adopted at the 52nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on September 28th, 2020, and are hereby promulgated, and shall come into force as of July 1 2020.

the Supreme People's Procuratorate

202129 June

Rules of the People's Procuratorate for Handling Public Interest Litigation

(adopted at the 52nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on September 28th, 2020, and is hereby promulgated, and shall come into force as of July 65438, 20021).

catalogue

Chapter I General Principles

Chapter II General Provisions

Part I Management

Section 2 Avoidance

Section 3 Legislation

Section 4 Investigation

Section 5 instituting legal proceedings

Section 6 Attending the Court of First Instance

Section 7 Appeal

Section 8 Litigation Supervision

Chapter III Administrative Public Interest Litigation

Section 1 Filing and Investigation

Section 2 Procuratorial Suggestions

Section 3 instituting legal proceedings

Chapter IV Civil Public Interest Litigation

Section 1 Filing and Investigation

Section II Announcement

Section 3 instituting legal proceedings

Section 4 Support for Prosecution

Chapter V Other Provisions

Chapter VI Supplementary Provisions

Chapter I General Principles

Article 1 These Rules are formulated in accordance with the Organic Law of the People's Procuratorate of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Procuratorate of People's Republic of China (PRC) for the purpose of regulating the people's procuratorates' performance of procuratorial duties in public interest litigation and strengthening the protection of national interests and social public interests.

Article 2 The tasks of people's procuratorates in handling public interest litigation cases are to urge administrative organs to perform their supervisory and administrative duties according to law by independently exercising procuratorial power according to law, support qualified subjects to exercise their public interest litigation rights according to law, safeguard national interests and social public interests, safeguard social fairness and justice, safeguard the Constitution and legal authority, and promote the modernization of the national governance system and governance capacity.

Article 3 When handling public interest litigation cases, people's procuratorates shall abide by the Constitution, laws and relevant provisions, adhere to an objective and fair position, follow the basic principles and procedural provisions of relevant litigation systems, and adhere to judicial openness.

Article 4 The People's Procuratorate shall perform the procuratorial duties of public interest litigation by putting forward procuratorial suggestions, initiating lawsuits and supporting prosecutions.

Article 5 When a people's procuratorate handles a public interest litigation case, the public prosecutor, the procurator-general and the procuratorial committee shall make decisions on the matters to be handled within their respective functions and powers, and bear corresponding judicial responsibilities in accordance with the provisions.

Prosecutors work under the leadership of the attorney general. Major handling matters shall be decided by the attorney general. The attorney general may, according to the circumstances of the case, submit it to the procuratorial committee for discussion and decision. Other handling matters, the procurator-general may decide on his own or authorize the procurator to decide.

Legal documents issued in the name of the people's procuratorate shall be issued by the chief procurator; The procurator-general may authorize the procurator to issue matters within the scope of the procurator's functions and powers.

Article 6 The People's Procuratorate may, according to the circumstances of the case, handle public interest litigation cases by a case-handling team composed of one prosecutor or two or more prosecutors. If the case is handled by the prosecutor's case-handling team, the procurator-general shall designate a prosecutor as the presiding prosecutor to organize and direct the case-handling team to handle the case.

When handling cases, prosecutors may, as necessary, be equipped with assistant prosecutors, clerks, judicial police, procuratorial technicians and other procuratorial personnel. Auxiliary procuratorial personnel shall undertake corresponding auxiliary procuratorial affairs according to law.

Article 7 The person in charge of the public interest litigation procuratorial department shall supervise and manage the handling activities of this department. Matters that need to be reported to the chief procurator for decision shall be reviewed by the department head first. The person in charge of the department may preside over a joint meeting of prosecutors for discussion, or directly report it to the chief procurator for decision.

Article 8 If the procurator-general disagrees with the handling opinions of the procurator, he may request the procurator to review it, or make a decision directly, or submit it to the procuratorial committee for discussion and decision.

When implementing the decision of the procurator-general, if the procurator thinks that the decision is wrong, he shall put forward his opinions in writing. If the procurator-general does not change the original decision, the procurator shall carry it out.

Article 9 In civil and administrative public interest litigation cases initiated or supported by people's procuratorates, the departments in charge of civil and administrative procuratorial work or the case-handling agencies shall respectively perform the duties of litigation supervision.

Article 10 the Supreme People's Procuratorate leads the procuratorial work of public interest litigation of local people's procuratorates at all levels and special people's procuratorates, and the people's procuratorates at higher levels lead the procuratorial work of public interest litigation of people's procuratorates at lower levels.

The people's procuratorate at a higher level has the right to revoke or change the decision made by the people's procuratorate at a lower level; If mistakes are found in the cases handled by the people's procuratorates at lower levels, they have the right to instruct the people's procuratorates at lower levels to correct them.

The people's procuratorate at a lower level shall implement the decision of the people's procuratorate at a higher level. If there is any mistake, it should be reported to the people's procuratorate at a higher level at the same time of execution.

Article 11 The people's procuratorates shall implement an integrated working mechanism in handling public interest litigation cases, and the people's procuratorates at higher levels may assign, file, supervise and lead cases according to the needs of handling cases.

The people's procuratorate at a higher level may, in accordance with the law, uniformly convene the procurators within its jurisdiction to handle the case, and the convening decision shall be made in writing. The summoned prosecutor may perform duties such as investigation and appearing in court on behalf of the people's procuratorate handling the case.

Article 12 The People's Procuratorate shall accept the supervision of the people's supervisors in handling public interest litigation cases in accordance with regulations.

Chapter II General Provisions

Part I Management

Thirteenth people's procuratorates handling administrative public interest litigation cases shall be under the jurisdiction of the people's procuratorates at the same level corresponding to the administrative organs.

If the administrative organ is the people's government, it is more appropriate to be under the jurisdiction of the people's procuratorate at the next higher level, or it may be under the jurisdiction of the people's procuratorate at the next higher level.

Article 14 The people's procuratorates shall handle civil public interest litigation cases under the jurisdiction of the grassroots people's procuratorates in the place where the illegal act occurred, the place where the damage occurred or the place where the illegal actor lived.

Criminal incidental civil public interest litigation cases shall be under the jurisdiction of the people's procuratorate handling criminal cases.

Fifteenth people's procuratorates at or above the municipal level with districts shall have jurisdiction over major and complicated cases within their respective jurisdictions. Public interest litigation cases involving more than two administrative divisions may be under the jurisdiction of the people's procuratorate at the next higher level.

Article 16 If the jurisdiction of the people's procuratorate for filing a case does not correspond to the level and region of the people's court's litigation jurisdiction, the people's procuratorate with jurisdiction may file a case. If it is necessary to file a case, it shall transfer the case to the people's procuratorate at the same level corresponding to the people's court with jurisdiction.

Article 17 The people's procuratorate at a higher level may designate public interest litigation cases under the jurisdiction of the people's procuratorate at a lower level to be handled by other people's procuratorates within its jurisdiction according to the needs of handling cases.

The Supreme People's Procuratorate, the people's procuratorates at the provincial level and the people's procuratorates at cities divided into districts may designate or transfer cases to the relevant people's procuratorates for cross-administrative jurisdiction according to the provisions of the cross-regional cooperation mechanism. Grassroots people's procuratorates may, in accordance with the provisions of the cross-regional cooperation mechanism, transfer cases to relevant people's procuratorates for cross-administrative jurisdiction.

If the people's procuratorate has a dispute over its jurisdiction, it shall be settled by both parties to the dispute through consultation. If negotiation fails, it shall also be reported to the people's procuratorate at a higher level for designation of jurisdiction.

Article 18 If a people's procuratorate at a higher level deems it really necessary, it may transfer a case under the jurisdiction of a people's procuratorate at a lower level or transfer a case under its jurisdiction to a people's procuratorate at a lower level for handling.

If the people's procuratorate at a lower level considers it necessary to be handled by the people's procuratorate at a higher level, it may report it to the people's procuratorate at a higher level for decision.

Section 2 Avoidance

Article 19 A public prosecutor shall recuse himself under any of the following circumstances, and the parties and agents ad litem have the right to apply for his recusal:

(a) is the legal representative or principal responsible person of the administrative organ of administrative public interest litigation, or is a close relative of an agent ad litem, or has other relations that may affect the fair handling of the case;

(2) Being a close relative of a party to a civil public interest litigation or an agent ad litem or having other relations that may affect the fair handling of the case.

If the prosecutor who should withdraw does not voluntarily withdraw, and the parties and their agents ad litem have not applied for withdrawal, the procurator-general or the procuratorial committee shall decide to withdraw.

The provisions of the preceding two paragraphs shall apply to translators, appraisers and inspectors.

Article 20 If a public prosecutor voluntarily withdraws, he shall make a written or oral request and explain the reasons. If it is put forward orally, it shall be recorded in the volume.

Article 21 If a party or his agent ad litem applies for withdrawal, it shall do so in writing or orally, and explain the reasons. If it is put forward orally, it shall be recorded in the volume.

The person who applies for withdrawal shall not stop participating in the work of this case before the people's procuratorate makes a decision on whether to withdraw.

Article 22 The withdrawal of the procurator-general shall be discussed and decided by the procuratorial committee; The withdrawal of prosecutors and other personnel shall be decided by the chief procurator. When discussing the withdrawal of the procurator-general, the procuratorial committee shall be presided over by the deputy procurator-general.

Article 23 The people's procuratorate shall make a decision on the application for withdrawal filed by the party concerned within three days after receiving the application, and notify the applicant. If the applicant refuses to accept the decision, he may apply to the original decision-making organ for reconsideration once after receiving the decision. The people's procuratorate shall make a reconsideration decision within three days and notify the applicant for reconsideration. During the period of reconsideration, the person who applies for withdrawal will not stop participating in the work of this case.

Section 3 Legislation

Twenty-fourth sources of clues in public interest litigation cases include:

(1) A natural person, legal person or unincorporated organization complains or reports to the people's procuratorate;

(2) Found by the people's procuratorate in handling cases;

(three) the administrative law enforcement information found on the platform;

(four) by state organs, social organizations, deputies to the National People's Congress and members of the CPPCC;

(5) Information reflected by news media and public opinion;

(six) other circumstances found in the performance of duties.

Article 25 The People's Procuratorate shall implement a unified registration and filing management system for clues of public interest litigation cases. Major case clues shall be filed with the people's procuratorate at the next higher level.

When other departments of the people's procuratorate find clues about public interest litigation cases, they shall promptly transfer the relevant materials to the department responsible for public interest litigation procuratorial work.

Article 26 If a people's procuratorate finds that the clues of a public interest litigation case are not under its jurisdiction, it shall make a notice of transferring the clues of the case and transfer it to the people's procuratorate at the same level with jurisdiction, and the transferred people's procuratorate shall accept it. If the transferred people's procuratorate thinks that it is not under the jurisdiction of this court, it shall report to the people's procuratorate at a higher level and shall not return it to the people's procuratorate where the clue was transferred or transfer it to other people's procuratorates.

If the people's procuratorate finds that the clues of public interest litigation cases are under the jurisdiction of the people's procuratorate at a higher level, it shall make a "Transfer Case Opinion" and submit it to the people's procuratorate at a higher level.

Article 27 The people's procuratorate shall evaluate the authenticity and verifiability of clues in public interest litigation cases, conduct preliminary investigations when necessary, and form a preliminary investigation report.

Twenty-eighth people's Procuratorate after evaluation, that the national interests or social public interests have been infringed, there may be illegal acts, it should be placed on file for investigation.

Article 29 If the national interests or social interests have been seriously infringed, and it is still difficult for the people's procuratorate to determine after preliminary investigation that the administrative organ or the violator fails to perform the supervision and management duties according to law, it may also file an investigation.

Article 30 After evaluating the clues of a case, if a public prosecutor puts forward opinions on whether to file a case or not, he shall make an examination and approval form for filing a case, attach a preliminary investigation report after a preliminary investigation, and submit it to the chief procurator for decision before making a decision on whether to file a case or not.

Article 31 In handling public interest litigation cases, the competent department of public interest litigation shall, in accordance with the provisions, transfer the clues of suspected crimes, job violations or disciplinary violations to the relevant procuratorial departments of our hospital or other competent authorities with jurisdiction.

Section 4 Investigation

Article 32 When handling public interest litigation cases, people's procuratorates shall investigate and collect evidence objectively and comprehensively according to law.

Article 33 The people's procuratorate shall formulate an investigation plan before the investigation, and determine the investigation ideas, methods, steps and the list of evidence to be collected.

Article 34 The evidence of the people's procuratorate in handling public interest litigation cases includes documentary evidence, material evidence, audio-visual materials, electronic data, witness testimony, statements of the parties, expert opinions, expert opinions, records of inquests and so on.

Article 35 When handling public interest litigation cases, people's procuratorates may investigate and collect evidence in the following ways:

(a) to consult, retrieve and copy the relevant law enforcement and litigation files;

(two) ask the staff of administrative organs, illegal actors and administrative counterparts, interested parties, witnesses, etc. ;

(three) to collect documentary evidence, physical evidence, audio-visual materials, electronic data and other evidence from the relevant units and individuals;

(four) consulting professionals, relevant departments or industry associations on special issues;

(5) Entrusting appraisal, evaluation, auditing, inspection, testing and translation;

(six) check the physical evidence and the scene;

(seven) other necessary investigation methods.

When investigating and collecting evidence, the people's procuratorate shall not take compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property.

Article 36 A people's procuratorate shall jointly investigate and collect evidence by two or more procurators. Prosecutors can organize judicial police and procuratorial technicians to participate, and when necessary, they can assign or hire other personnel with specialized knowledge to participate. According to the actual situation of the case, you can also ask the relevant units to assist.

In the process of investigation and evidence collection, prosecutors can use case-handling equipment such as law enforcement recorders and automatic detectors, and technical means such as drone aerial photography and satellite remote sensing in accordance with relevant regulations.

Article 37 Inquiries shall be made individually. Before interrogation, the procurator shall show his work permit and make an interrogation record during interrogation. After the person questioned is confirmed to be correct, he shall sign or seal it. If the person questioned refuses to sign and seal, it shall be indicated in the record.

Article 38 Where it is necessary to obtain material evidence and documentary evidence from the relevant units or individuals, a notice of obtaining evidence and a list of obtaining evidence shall be made, and relevant evidence materials shall be obtained by the above-mentioned documents.

To obtain documentary evidence, the original should be obtained. If it is really difficult to obtain the original or the original cannot be obtained due to confidentiality reasons, a copy can be obtained. If the documentary evidence is a copy, it shall indicate the transferee, the provider, the handover time, the source of evidence and the words "this copy is consistent with the original", and shall be signed and sealed. If the documentary evidence has more than one page, it shall be stamped with a riding seal.

To obtain material evidence, the original should be obtained. If it is really difficult to obtain the original, you can obtain other evidence materials such as photos, videos or copies that can reflect the shape or content of the original.

Article 39 The people's procuratorate shall collect and extract the original storage media of audio-visual materials and electronic data. If it is really difficult to obtain the original storage medium or it cannot be obtained due to confidentiality reasons, a copy can be obtained. Where a copy is obtained, the source and production process shall be explained.

When the people's procuratorate collects and extracts audio-visual materials and electronic data on its own, it shall indicate the time, place, collector and other circumstances that need to be explained.

Article 40 The people's procuratorate may consult the opinions of relevant professionals, relevant departments or trade associations in writing or orally on specialized issues.

For oral consultation, a written record shall be made, which shall be signed or sealed by the professional who accepts the consultation. Written consultation opinions shall be signed and sealed by professionals or units that issue consultation opinions.

Article 41 If the People's Procuratorate deems it really necessary to identify, evaluate, examine, inspect, test and translate specialized issues, it may entrust a qualified institution to conduct identification, evaluation, examination, inspection, test and translation, and shall make a letter of entrustment (evaluation, examination, inspection and translation) when entrusting.

Article 42 When the people's procuratorate deems it really necessary, it may inspect the physical evidence or the scene.

An inquest shall be conducted by two or more procurators under the auspices of the public prosecutor, and witnesses may be invited to participate. When necessary, you can assign or hire people with specialized knowledge to carry out it. Records of the inspection and the results shall be made, which shall be signed or sealed by the personnel and witnesses participating in the inspection.

Procuratorial technicians may, in accordance with the relevant provisions, take samples during the inspection and conduct rapid testing.

Article 43 If a people's procuratorate needs to investigate and collect evidence in a different place when handling a public interest litigation case, it may investigate by itself or entrust a local people's procuratorate at the same level. When entrusting, a power of attorney shall be issued, stating the objects, matters and requirements to be investigated. The entrusted people's procuratorate shall complete the investigation within 30 days from the date of receiving the power of attorney and reply the situation to the entrusted people's procuratorate.

Article 44 A people's procuratorate may organize a hearing in accordance with regulations, listen to the opinions of the hearing officer, the administrative organ, the violator, the administrative counterpart, the victim's representative and other relevant parties, and get to know the relevant situation.

The written materials formed by the hearing are an important reference for the people's procuratorate to handle public interest litigation cases according to law.

Article 45 If an administrative organ and its staff refuse or obstruct the investigation and collection of evidence by a people's procuratorate, the people's procuratorate may report to the Standing Committee of the National People's Congress at the same level, notify the discipline inspection and supervision organ at the same level, or notify its superior competent authority through a people's procuratorate at a higher level.

Section 5 instituting legal proceedings

Article 46 The people's procuratorate shall bring a lawsuit to the people's court in accordance with the law in a public interest litigation case that meets the conditions for prosecution.

When a people's procuratorate files a public interest lawsuit, it shall submit an indictment and relevant evidential materials to the people's court. The main contents of the indictment include:

(1) plaintiff in public interest litigation;

(2) Basic information of the defendant;

(3) the request and the facts and reasons on which it is based.

The indictment of public interest litigation shall be reported to the people's procuratorate at the next higher level for the record within five days from the date of service to the people's court.

Article 47 In handling administrative public interest litigation cases, the people's procuratorate shall examine and prosecute for a period of one month, counting from the date when the procuratorial suggestions for rectification expire.

The time limit for the people's procuratorate to handle civil public interest litigation cases is three months, counting from the date of expiration of the announcement.

If the case is transferred to another people's procuratorate for prosecution, the time limit for transferring the case to the people's procuratorate for examination and prosecution shall be counted from the date of receiving the case.

Major, difficult and complicated cases need to extend the time limit for examination and prosecution. Administrative public interest litigation cases may be extended for one month with the approval of the procurator-general. If it needs to be extended, it shall be reported to the people's procuratorate at the next higher level for approval. If the people's procuratorate at a higher level considers that it meets the conditions for prosecution, it may, in accordance with the provisions of Article 17 of these Rules, designate other people's procuratorates within its jurisdiction to bring a lawsuit. Civil public interest litigation cases may be extended for one month with the approval of the procurator-general. If it needs to be extended, it shall be reported to the people's procuratorate at the next higher level for approval.

Article 48 The period during which the people's procuratorate entrusts appraisal, evaluation, audit, inspection, testing and translation to handle public interest litigation cases shall not be counted as the time limit for examination and prosecution.

Section 6 Attending the Court of First Instance

Article 49 When a people's procuratorate files a public interest lawsuit, it shall send personnel to appear in court to perform their duties and participate in relevant litigation activities.

The people's procuratorate shall, within three days from the date of receiving the notice of the people's court to appear in court, submit a notice of sending personnel to the people's court. The notice of sending personnel to appear in court shall specify the name, legal status and responsibilities of the personnel appearing in court.

The people's procuratorate shall designate prosecutors to attend the court of first instance, and assistant prosecutors may assist prosecutors to appear in court, and provide clerks to do auxiliary work such as taking notes as needed. Involving professional and technical issues, you can appoint or hire personnel with specialized knowledge to assist prosecutors in appearing in court.

Article 50 If the people's court notifies the people's procuratorate to send personnel to participate in the exchange of evidence and the pre-trial meeting, the procurators appearing in court shall attend. When the people's procuratorate deems it necessary, it may consult the people's court, organize evidence exchange or hold a pre-trial meeting.

Article 51 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 and debates, and to express their opinions in court;

(4) To engage in other litigation activities according to law.

Article 52 A prosecutor appearing in court shall present evidence to the court objectively and comprehensively. According to the trial situation, arrange the order of proof reasonably and list the evidence in groups. You can use multimedia and other means to show evidence. Cross-examination should pay attention to the authenticity, legality and relevance of evidence.

Article 53 The prosecutor appearing in court shall follow the following requirements when questioning the defendant, witness, expert witness and inspector:

(a) questions around the basic facts of the case and the focus of the dispute;

(2) Confirming with the evidence collected through investigation;

(three) shall not use language and methods with personal attacks or threats.

Article 54 A prosecutor appearing in court may apply to the people's court to notify witnesses, expert witnesses and people with specialized knowledge to testify in court or give their opinions.

Article 55 When a court hearing is held, if the procurator who appears in court thinks it is necessary to make a supplementary investigation, he may make a supplementary investigation after the recess.

Article 56 When participating in the court debate, the prosecutor in court shall express his opinions on the disputed facts, evidence and application of law. Combined with court investigation.

Article 57 The prosecutor appearing in court shall express his opinions in court objectively and fairly according to the trial situation.