China has adopted its first dedicated law on procuratorial public-interest litigation, spelling out when prosecutors can bring cases involving environmental damage, violations of personal information rights and failures to protect vulnerable groups, while placing explicit limits on their investigative powers.
The Law on Procuratorial Public Interest Litigation was passed on Friday at the 25th session of the Standing Committee of the 14th National People's Congress and will take effect on Jan 1, 2027.
Comprising 53 articles in six chapters, the law consolidates rules developed over more than a decade and establishes procedures for investigations, lawsuits, court hearings and the enforcement of judgments.
An official with the Administrative Law Office of the Legislative Affairs Commission of the NPC Standing Committee said the law distinguishes between administrative and civil public-interest litigation and outlines the circumstances under which prosecutors may pursue each type of case.
Administrative cases target government agencies whose unlawful actions or failure to perform statutory duties harm national or public interests.
The law lists 10 areas for such cases, including environmental protection, food and drug safety, workplace safety, cultural heritage, accessibility and the rights of minors, women, elderly people and people with disabilities.
It also covers the protection of national defense interests, efforts to combat telecommunications fraud and the promotion of ethnic unity.
Civil public-interest litigation, meanwhile, can target individuals, companies and other organizations whose unlawful conduct harms national or public interests.
The law specifically addresses monopolistic practices, violations affecting large numbers of workers, unlawful processing of personal information affecting many people, and infringements on the names, images or reputations of national heroes and martyrs.
The official said the legislation incorporates areas already covered by other laws while adding fields where the need for public interest protection has become widely recognized.
A central feature of the law is its requirement to seek remedies before going to court.
When prosecutors find that a government agency has failed to perform its duties, they must first communicate with the agency and issue a formal recommendation detailing the alleged violation, the harm caused and a deadline for corrective action.
The agency must respond in writing. In urgent situations where damage to public interests may worsen, it must take prompt action and reply within 15 days. Prosecutors may file an administrative lawsuit if a subsequent review finds that the problem remains unresolved.
In civil cases where other authorities or organizations are legally entitled to sue, prosecutors must first issue a public notice or otherwise encourage them to take action. The notice period, when applicable, is 30 days. Prosecutors may step in when those bodies do not initiate proceedings, subject to the requirements of the law.
The law also defines the boundaries of prosecutorial investigations. Prosecutors may interview people, inspect sites and collect documents, but cannot use coercive measures such as restricting personal freedom or seizing or freezing property. They must protect confidential information and respect the legitimate rights of individuals and businesses.
The law also bars prosecutors from interfering with or replacing government agencies in the lawful exercise of their duties.
In court, prosecutors bear the burden of proving the alleged harm. Depending on the case, they may seek orders requiring an agency to fulfill its duties or requiring a defendant to stop harmful conduct, restore damaged conditions or pay compensation.
The legislation also permits public-interest lawsuits against foreign organizations or individuals whose unlawful conduct harms China's national or public interests.
China piloted the system in selected regions in 2015 and gave prosecutors an explicit legal basis for bringing such cases through amendments to its civil and administrative procedure laws in 2017. Its scope has since expanded through provisions in more than 20 laws. The new law follows three rounds of legislative deliberation.
The official said the next steps include developing supporting rules and improving public understanding of how the system works.
yangzekun@chinadaily.com.cn
