Announcement of the People's Republic of China and the Supreme People's Procuratorate
The "People's Procuratorate Public Interest Litigation Handling Rules" was issued by the Supreme People's Procuratorate on September 28, 2020 Adopted at the 52nd meeting of the 13th Procuratorate Committee, it is hereby announced and will come into effect on July 1, 2021.
Supreme People's Procuratorate
June 29, 2021
Public Interest Litigation Handling Rules of the People's Procuratorate
(September 28, 2020 Adopted at the 52nd meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate, hereby announced and effective from July 1, 2021)
Contents
Chapter 1 General Provisions
Chapter 2 General Provisions
Section 1 Jurisdiction
Section 2 Avoidance
Section 3 Case Filing
< p>Section 4 InvestigationSection 5 Litigation
Section 6 Appearance in the Court of First Instance
Section 7 Appeal
Section 8 Litigation Supervision
Chapter 3 Administrative Public Interest Litigation
Section 1 Case Filing and Investigation
Section 2 Prosecution Suggestions
Section 3 Litigation
Chapter 4 Civil Public Interest Litigation
Section 1 Case Filing and Investigation
Section 2 Announcement
Section 3 Litigation
Section 4 Supporting Prosecutions
Chapter 5 Other Provisions
Chapter 6 Supplementary Provisions
Chapter 1 General Provisions
Article 1 In order to regulate the performance of public interest litigation procuratorial duties by the People's Procuratorate and strengthen the protection of national interests and social public interests, in accordance with the "Organic Law of the People's Procuratorate of the People's Republic of China and the People's Procuratorate of the People's Republic of China" These rules are formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and other legal provisions, and in combination with the actual work of the People's Procuratorate.
Article 2 The task of the People’s Procuratorate in handling public interest litigation cases is to urge administrative agencies to perform their supervisory and management responsibilities in accordance with the law through the independent exercise of procuratorial power in accordance with the law, support qualified subjects in exercising their rights to public interest litigation in accordance with the law, and safeguard national interests and society. Public interests, safeguard social fairness and justice, safeguard the authority of the Constitution and laws, and promote the modernization of the national governance system and governance capabilities.
Article 3 When handling public interest litigation cases, the People's Procuratorate shall abide by the Constitution, laws and relevant regulations, maintain an objective and fair stance, follow the basic principles and procedural regulations of the relevant litigation system, and adhere to judicial openness.
Article 4: The People’s Procuratorate performs procuratorial duties for public interest litigation by making procuratorial suggestions, filing lawsuits, and supporting prosecutions.
Article 5: When the People's Procuratorate handles public interest litigation cases, the prosecutor, chief prosecutor, and procuratorial committee shall make decisions on case-handling matters within their respective powers and assume corresponding judicial responsibilities in accordance with regulations.
The prosecutor works under the leadership of the prosecutor general. Major case-handling matters shall be decided by the chief prosecutor. The chief prosecutor may submit the case to the procuratorial committee for discussion and decision based on the circumstances of the case. For other case-handling matters, the prosecutor-general may decide on his own initiative or authorize the prosecutor to decide.
Legal documents issued in the name of the People's Procuratorate shall be issued by the Chief Prosecutor; if matters are decided within the scope of the prosecutor's powers, the Chief Prosecutor may authorize the prosecutor to issue them.
Article 6 When the People’s Procuratorate handles public interest litigation cases, depending on the circumstances of the case, it may be handled by one prosecutor alone, or by a case-handling team composed of two or more prosecutors. If the case is handled by the prosecutor's case handling team, the chief prosecutor shall designate a prosecutor to serve as the lead prosecutor to organize and direct the case handling team to handle the case.
When prosecutors handle cases, they may be equipped with prosecutor assistants, clerks, judicial police, prosecutorial technicians and other prosecutorial auxiliary personnel as needed. Procuratorial support personnel shall undertake corresponding procuratorial support matters in accordance with legal provisions.
Article 7 The person in charge of the department responsible for public interest litigation and prosecution shall supervise and manage the case-handling activities of the department. Matters that need to be submitted to the Prosecutor General for decision shall first be reviewed by the department head. The head of the department may preside over a joint meeting of prosecutors for discussion, or may directly report to the chief prosecutor for a decision.
Article 8 If the chief prosecutor disagrees with the prosecutor's handling opinions, he may request the prosecutor to review, make a decision directly, or submit it to the procuratorial committee for discussion and decision.
When a prosecutor implements the decision of the chief prosecutor and believes that the decision is wrong, he or she shall submit an opinion in writing. If the prosecutor general does not change the original decision, the prosecutor shall implement it.
Article 9: In civil and administrative public interest litigation cases initiated by the People's Procuratorate or supporting prosecution, the departments or case-handling organizations responsible for civil and administrative prosecution shall respectively perform the duties of litigation supervision.
Article 10: The Supreme People's Procuratorate leads the public interest litigation procuratorial work of local People's Procuratorates at all levels and specialized People's Procuratorates, and the People's Procuratorates at higher levels lead the public interest litigation procuratorial work of lower People's Procuratorates.
The higher-level People’s Procuratorate has the right to revoke or change the decision made by the lower-level People’s Procuratorate; if it discovers that there are errors in the cases handled by the lower-level People’s Procuratorate, it has the right to instruct the lower-level People’s Procuratorate to make corrections.
The lower-level People’s Procuratorate shall implement the decision of the higher-level People’s Procuratorate. If it is believed that there is an error, it should be reported to the People's Procuratorate at the higher level during execution.
Article 11 The People’s Procuratorate shall implement an integrated working mechanism when handling public interest litigation cases. The People’s Procuratorate at a higher level may assign, propose, supervise, and handle cases according to the needs of case handling.
The People's Procuratorate at a higher level may uniformly call prosecutors in the jurisdiction to handle cases in accordance with the law, and the decision to call shall be made in writing. The called prosecutor can perform investigation, court appearance and other duties on behalf of the People's Procuratorate handling the case.
Article 12 The People’s Procuratorate handles public interest litigation cases and accepts the supervision of people’s supervisors in accordance with regulations.
Chapter 2 General Provisions
Section 1 Jurisdiction
Article 13 When the People’s Procuratorate handles administrative public interest litigation cases, the people’s procuratorate at the same level shall The Procuratorate has jurisdiction over case filing.
The administrative agency is the people's government, and if it is more appropriate for the People's Procuratorate at the next higher level to have jurisdiction, the People's Procuratorate at the next higher level may also have jurisdiction over the case.
Article 14 When the People's Procuratorate handles civil public interest litigation cases, the case filing jurisdiction shall be under the jurisdiction of the grassroots People's Procuratorate in the place where the illegal act occurred, where the damage was caused, or where the illegal actor resides.
Civil public interest litigation cases incidental to criminal cases shall be filed and under the jurisdiction of the People's Procuratorate that handles criminal cases.
Article 15 People’s Procuratorates at or above the city level divided into districts have jurisdiction over major and complex cases within their respective jurisdictions. Public interest litigation cases whose scope of public interest damage involves more than two administrative divisions may be under the jurisdiction of the People's Procuratorate at the corresponding higher level.
Article 16 If the case-filing jurisdiction of the People's Procuratorate does not correspond to the litigation jurisdiction level and region of the People's Court, the People's Procuratorate with jurisdiction may file the case. If it is necessary to initiate litigation, the case shall be transferred to the People's Court with jurisdiction. The corresponding People's Procuratorate at the same level.
Article 17: The People’s Procuratorate at a higher level may, based on the needs of case handling, designate public interest litigation cases under the jurisdiction of the People’s Procuratorate at a lower level to other People’s Procuratorates within its jurisdiction to handle.
The Supreme People's Procuratorate, provincial People's Procuratorates and districted municipal People's Procuratorates may designate or transfer cases to the relevant People's Procuratorates for cross-administrative jurisdiction in accordance with the provisions of the cross-regional collaboration working mechanism. The grassroots people's procuratorates may transfer cases to the relevant people's procuratorates for cross-administrative jurisdiction in accordance with the provisions of the cross-regional collaboration working mechanism.
If there is a dispute over the jurisdiction of the People's Procuratorate, it shall be resolved through negotiation between the parties to the dispute. If negotiation fails, the People's Procuratorate at the higher level shall report to the People's Procuratorate for designation of jurisdiction.
Article 18 If the People's Procuratorate at a higher level deems it necessary, it may handle cases under the jurisdiction of the People's Procuratorate at a lower level, or it may hand over cases under the jurisdiction of the People's Procuratorate at a lower level to the People's Procuratorate at a lower level for handling.
If the lower-level People’s Procuratorate believes that it needs to be handled by the higher-level People’s Procuratorate, it may report it to the higher-level People’s Procuratorate for decision.
Section 2 Recusal
Article 19 If a prosecutor falls under any of the following circumstances, he or she shall recuse himself/herself, and the parties and litigation agents have the right to apply for recusal:
(1) Being a close relative of the legal representative or main person in charge of the administrative agency for administrative public interest litigation, or a close relative of the litigation agent, or having other relationships that may affect the fair handling of the case;
(2) Being a civil servant Close relatives of parties to public interest litigation, litigation agents, or other relationships that may affect the fair handling of the case.
If a procuratorial officer who should be recused has not recused himself, nor has the litigant or his attorney applied for his disqualification, the chief prosecutor or the procuratorial committee shall decide on his disqualification.
The provisions of the first two paragraphs apply to translators, appraisers, surveyors, etc.
Article 20 If a prosecutor withdraws on his own initiative, he shall do so in writing or orally and explain the reasons. Those submitted orally shall be recorded in the file.
Article 21 If a party and its litigation agent apply for recusal, they shall do so in writing or orally and explain the reasons. Those submitted orally shall be recorded in the file.
The person who has been applied for recusal will not stop participating in the case until the People’s Procuratorate makes a decision on whether to recusal.
Article 22 The recusal of the chief prosecutor shall be decided by the procuratorial committee through discussion; the recusal of prosecutors and other personnel shall be decided by the chief prosecutor. When the procuratorial committee discusses the issue of the prosecutor general's recusal, the deputy prosecutor general presides over it.
Article 23 The People’s Procuratorate shall make a decision on a party’s application for recusal within three days after receiving the application and notify the applicant. If the applicant is dissatisfied with the decision, he or she may apply for reconsideration once to the original decision-making authority when receiving the decision. The People's Procuratorate shall make a review decision within three days and notify the applicant for review. During the review period, the person who has been applied for recusal will not stop participating in the case.
Section 3 Case Filing
Article 24 The sources of clues for public interest litigation cases include:
(1) Natural persons, legal persons and unincorporated organizations submit reports to the people Accused and reported by the procuratorate;
(2) Discovered by the People’s Procuratorate during case handling;
(3) Discovered on the administrative law enforcement information sharing platform;
(4) Transferred by state agencies, social groups, National People’s Congress deputies, CPPCC members, etc.;
(5) Reflected by news media, public opinion, etc.;
(6) Others discovered in the performance of duties.
Article 25 The People’s Procuratorate shall implement a unified registration and filing management system for clues to public interest litigation cases. Clues of major cases should be filed with the People's Procuratorate at the next higher level.
If other departments of the People’s Procuratorate discover clues about public interest litigation cases, they shall promptly transfer relevant materials to the department responsible for public interest litigation prosecution.
Article 26: If the People’s Procuratorate discovers that clues to a public interest litigation case do not fall under its jurisdiction, it shall prepare a “Notice of Transfer of Case Clue” and transfer it to the People’s Procuratorate at the same level that has jurisdiction. The procuratorate should accept the case. If the People's Procuratorate to which the case was transferred believes that the case does not fall within the jurisdiction of its own court, it shall report the case to the People's Procuratorate at the higher level and shall not return the case to the People's Procuratorate that originally transferred the clue or transfer it to another People's Procuratorate.
If the People's Procuratorate discovers that clues to a public interest litigation case fall under the jurisdiction of the People's Procuratorate at a higher level, it shall prepare a "Request for Transfer of Case Clue Opinions" and submit a request for transfer to the People's Procuratorate at a higher level.
Article 27 The People's Procuratorate shall evaluate the authenticity and veracity of clues in public interest litigation cases, conduct a preliminary investigation if necessary, and form a "Preliminary Investigation Report".
Article 28: If the People’s Procuratorate, after evaluation, believes that national interests or public interests have been infringed upon, and there may be illegal conduct, it shall file a case for investigation.
Article 29: If national interests or social public interests are seriously infringed upon, and the People’s Procuratorate is still unable to identify the administrative agency or illegal actor who fails to perform supervision and management duties in accordance with the law after preliminary investigation, it shall also A case can be opened for investigation.
Article 30: If the prosecutor evaluates the clues of the case and proposes an opinion on filing or not filing the case, he shall prepare a "Case Filing Approval Form", attach a "Preliminary Investigation Report" after preliminary investigation, and submit it to the Chief Prosecutor for decision Then make a "Decision on Filing a Case" or a "Decision Not Filing a Case".
Article 31: When handling public interest litigation cases, the department responsible for public interest litigation and procuratorial work discovers clues about suspected crimes or official violations or disciplinary violations, and shall transfer the case to the relevant procuratorial business department of this court or other relevant departments in accordance with regulations. competent authority with jurisdiction.
Section 4 Investigation
Article 32 When handling public interest litigation cases, the People’s Procuratorate shall investigate and collect evidence in a legal, objective and comprehensive manner.
Article 33 The People’s Procuratorate shall formulate an investigation plan before conducting an investigation, and determine the investigation ideas, methods, steps, and the list of evidence to be collected.
Article 34 The evidence used in public interest litigation cases handled by the People's Procuratorate includes documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, party statements, appraisal opinions, expert opinions, inspection records, etc.
Article 35: When handling public interest litigation cases, the People’s Procuratorate may conduct investigations and collect evidence in the following ways:
(1) Consult, obtain, and copy relevant law enforcement and litigation files Materials, etc.;
(2) Question administrative agency staff, illegal perpetrators, administrative counterparts, interested parties, witnesses, etc.;
(3) Collect information from relevant units and individuals Documentary evidence, physical evidence, audio-visual materials, electronic data and other evidence;
(4) Consult professionals, relevant departments or industry associations for opinions on special issues;
(5) Entrust appraisal , evaluation, audit, inspection, testing, translation;
(6) Inspection of physical evidence and on-site inspection;
(7) Other necessary investigation methods.
When conducting investigations and collecting evidence, the People's Procuratorate shall not take compulsory measures such as restricting personal freedom or sealing, detaining, or freezing property.
Article 36: The People’s Procuratorate shall conduct investigations and collect evidence simultaneously by two or more prosecutors. Prosecutors may organize judicial police and prosecutorial technicians to participate, and may assign or hire other people with specialized knowledge to participate when necessary. Depending on the actual circumstances of the case, relevant units may also be consulted to assist.
In the process of investigating and collecting evidence, prosecutors may use law enforcement recorders, automatic detectors and other case-handling equipment as well as technical means such as drone aerial photography and satellite remote sensing in accordance with relevant regulations.
Article 37 Inquiries shall be conducted individually. Prosecutors should produce their work ID before questioning, and make an "Interrogation Transcript" during the questioning process. After the person being questioned confirms that it is correct, he or she signs or seals it. If the person being questioned refuses to sign or seal, this shall be noted in the transcript.
Article 38 If it is necessary to obtain physical evidence or documentary evidence from relevant units or individuals, an "Evidence Acquisition Notice" and an "Evidence Acquisition List" should be prepared, and the relevant evidence materials should be obtained with the above documents. .
To obtain documentary evidence, the originals must be obtained. If it is really difficult to obtain the originals or the originals cannot be obtained due to confidentiality requirements, copies may be obtained. If the documentary evidence is a copy, the person who retrieved it, the person who provided it, the time of retrieval, the source of the evidence, and the words "This copy is consistent with the original" should be marked, and signed and sealed. If the document has a large number of pages, it will be stamped with a seal.
To obtain physical evidence, the original object shall be obtained. If it is indeed difficult to obtain the original object, other evidence materials such as photos, videos, or copies that can reflect the appearance or content of the original object may be obtained.
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 retrieve the original storage media or cannot retrieve due to confidentiality needs, it may retrieve copies. If a copy is obtained, its source and production process should be explained.
If the People's Procuratorate collects and extracts audio-visual materials and electronic data on its own, it shall indicate the collection time, location, collector and other information that needs to be explained.
Article 40 The People’s Procuratorate may consult relevant professionals, relevant departments or industry associations in writing or orally for opinions on specialized issues.
For oral consultation, a transcript shall be made and signed or stamped by the professional person receiving consultation. Written consultation shall be signed and sealed by the professional or unit issuing the consultation opinion.
Article 41 If the People’s Procuratorate deems it necessary to identify, evaluate, audit, inspect, test, or translate a specialized issue, it may entrust a qualified institution to conduct identification, evaluation, audit, inspection, or translation. For testing and translation, a "Letter of Entrusted Appraisal (Evaluation, Audit, Inspection, Testing, Translation)" should be produced when entrusting.
Article 42 If the People’s Procuratorate deems it necessary, it may inspect physical evidence or the scene.
The inspection shall be conducted under the auspices of the prosecutor and by more than two prosecutors, and witnesses may be invited to participate. When necessary, people with specialized knowledge can be assigned or hired to carry out the work. A record of the inspection status and results shall be made and signed or sealed by the personnel and witnesses who participated in the inspection.
Inspection technicians may take samples and conduct rapid testing during the inspection process in accordance with relevant regulations.
Article 43: When the People’s Procuratorate handles public interest litigation cases and needs to investigate and collect evidence in other places, it may conduct the investigation itself or entrust the local People’s Procuratorate at the same level to conduct the investigation. 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 thirty days from the date of receipt of the letter of entrustment and report the situation back to the entrusted People's Procuratorate.
Article 44: The People’s Procuratorate may organize hearings in accordance with regulations to listen to the opinions of hearing examiners, administrative agencies, offenders, administrative counterparts, victim representatives and other relevant parties to understand the relevant situation.
The written materials produced during the hearing are an important reference for the People’s Procuratorate to handle public interest litigation cases in accordance with the law.
Article 45: If administrative organs and their staff refuse or hinder the People's Procuratorate's investigation and collection of evidence, the People's Procuratorate may report to the Standing Committee of the People's Congress at the same level, notify the discipline inspection and supervision agency at the same level, or pass the superior The People's Procuratorate shall notify its superior authority.
Section 5 Litigation
Article 46 The People’s Procuratorate shall file lawsuits in the People’s Court in accordance with the law for public interest litigation cases that meet the conditions for prosecution.
When the People's Procuratorate initiates a public interest litigation, it shall submit a public interest litigation indictment and relevant evidence materials to the People's Court. The main contents of the indictment include:
(1) Public interest litigation prosecutor;
(2) Basic information of the defendant;
(3) Litigation claims and The facts and reasons on which it is based.
A public interest litigation indictment must be reported to the People’s Procuratorate at the next higher level for record within five days from the date it is delivered to the People’s Court.
Article 47: When the People’s Procuratorate handles administrative public interest litigation cases, the time limit for review and prosecution is one month, calculated from the expiration date of the procuratorial recommendation for rectification.
When the People's Procuratorate handles civil public interest litigation cases, the period for review and prosecution is three months, calculated from the expiration date of the announcement.
If the case is transferred to another People’s Procuratorate for prosecution, the time limit for review and prosecution by the People’s Procuratorate to which the case is transferred shall be calculated from the date of receipt of the case.
If it is necessary to extend the review and prosecution period for major, difficult or complex cases, administrative public interest litigation cases can be extended for one month with the approval of the chief prosecutor. If an extension is still needed, it must be reported to the People's Procuratorate at the next higher level for approval. If the People's Procuratorate believes that the conditions for prosecution have been met, it may designate other People's Procuratorates within its jurisdiction to initiate litigation in accordance with Article 17 of these Rules. Civil public interest litigation cases can be extended for one month with the approval of the chief prosecutor. If an extension is still needed, it must be reported to the People's Procuratorate at the next higher level for approval.
Article 48 When the People’s Procuratorate handles public interest litigation cases, the period of entrustment of appraisal, evaluation, audit, inspection, testing, and translation shall not be included in the period of review and prosecution.
Section 6 Attendance in the Court of First Instance
Article 49 When the People’s Procuratorate initiates a public interest litigation case, it shall send personnel to appear in court to perform their duties and participate in relevant litigation activities.
The People's Procuratorate shall submit the "Notice of Dispatching Personnel to Appear in Appearance" to the People's Court within three days from the date of receipt of the Notice of Appearance in Appearance from the People's Court.
The "Notice of Dispatching Personnel to Appear in Appearance" shall state the name, legal position and duties performed by the person appearing in court.
The People's Procuratorate shall designate prosecutors to attend the court of first instance. Assistant prosecutors may assist the prosecutors in appearing in court, and shall provide clerks for record-keeping and other auxiliary work as needed. If specialized or technical issues are involved, people with specialized knowledge may be assigned or hired to assist the prosecutor in court.
Article 50: When the People's Court notifies the People's Procuratorate to send personnel to participate in evidence exchange and pre-trial meetings, the prosecutors present in the court shall participate. If the People's Procuratorate deems it necessary, it may contact the People's Court to organize evidence exchange or convene a pre-trial meeting.
Article 51: Prosecutors who appear in court shall perform the following duties:
(1) Read out the public interest litigation indictment;
(2) Investigate and collect information from the People’s Procuratorate Present and explain the evidence, and cross-examine relevant evidence;
(3) Participate in court investigations, conduct debates, and express opinions in court;
(4) Engage in other litigation activities in accordance with the law .
Article 52 Prosecutors appearing in court shall present evidence to the court objectively and comprehensively. Reasonably arrange the order of evidence according to the circumstances of the trial, enumerate evidence in groups, and use multimedia and other evidence methods. Cross-examination should focus on the authenticity, legality and relevance of the evidence.
Article 53: Prosecutors who appear in court should follow the following requirements when asking questions to defendants, witnesses, appraisers, examiners, etc.:
(1) Focus on the basic facts of the case and the focus of the dispute Asking questions;
(2) Supporting each other with the evidence collected during the investigation;
(3) Do not use personal attacking or threatening language and methods.
Article 54: Prosecutors who appear in court may apply to the people's court to notify witnesses, appraisers, or persons with specialized knowledge to appear in court to testify or provide opinions.
Article 55 If the prosecutor who appears in court finds that a supplementary investigation is needed during the court hearing, he or she may conduct a supplementary investigation after the court adjourns.
Article 56 When prosecutors appear in court to participate in court debates, they should take into account the court investigation and express their opinions on the dispute points between the two parties in terms of facts, evidence, application of law, etc.
Article 57 Prosecutors who appear in court should give their opinions in court objectively and fairly based on the circumstances of the trial.
Answered on 2022-02-24
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