China is considering expanding the scope of public-interest litigation brought by prosecutors to strengthen the protection of accessibility rights and cultural heritage, under a draft law submitted to the country's top legislature for a third reading on Monday.
The draft law on procuratorial public-interest litigation was submitted to the ongoing session of the Standing Committee of the 14th National People's Congress for further deliberation.
The latest draft explicitly allows people's procuratorates to initiate public-interest litigation in cases involving the development of accessible environments, building on provisions in the previous version concerning the protection of vulnerable groups, including older people and people with disabilities. It also replaces the wording "protection of cultural relics and other cultural heritage" with the broader term "cultural heritage protection" to refine the scope of cases covered by the legislation.
The draft further clarifies procedures that prosecutors must follow before initiating civil public-interest lawsuits. Where other government bodies or organizations are legally authorized to bring such lawsuits, procuratorates must first issue a public notice or take other measures to encourage those bodies or organizations to initiate legal proceedings.
To improve trial and enforcement procedures, the draft also stipulates that first-instance judgments or rulings will take legal effect if defendants fail to appeal and prosecutors do not lodge a protest within the prescribed time limits.
