China mulls testing public interest litigation by prosecutors

China is considering allowing prosecutors to institute public interest litigation in civil and administrative cases.

The Supreme People's Procuratorate on Wednesday submitted a bill requesting the Standing Committee of the National People's Congress (NPC) to authorize a two-year pilot program in 13 provincial divisions.

Under the program, prosecutors will be allowed to file a civil lawsuit against any act that compromises public rights and interests by pollution or by undermining food and drug safety, according to the bill.

They may also file an administrative lawsuit against abuse of administrative power or nonfeasance in cases related to environmental protection, state assets and state land use.

In face of increasing pollution and food safety offences which may affect the interests of large groups of people rather than a few individuals, society has strongly indicated a desire for prosecutors to be involved in protecting the public interest, said Procurator-general Cao Jianming, when explaining the bill to lawmakers.

Effective supervision of government practices is not fully in place and the public interest has been undermined by malpractice or failure to act, especially in cases involving disposal of state assets, land use and environmental protection, Cao said.

Engaging prosecutors in public interest litigation will be an effective way to supervise administrative power, ensure implementation of the law and safeguard social justice, he said, but stressed that a public interest lawsuit filed by prosecutors must be the last resort.

Before acting, prosecutors will urge and assist both governmental and nongovernmental organizations to file the case. They will also push governments to stop and correct their wrongdoings before taking them to the court.

Public interest litigation is fairly new and rare in China. For years plaintiffs have been strictly confined to citizens, corporations and organizations whose interests are directly related to a lawsuit.

An amendment to the Civil Procedure Law in 2012 first allowed agencies or organizations to bring litigation against those who undermined public welfare by polluting or infringing on consumers' interests, which was considered a major step forward in creating a public interest litigation system in China.

The revision to the Environmental Protection Law in last April continued the process, allowing environmental organizations to institute public interest litigation.

Engaging prosecutors in public interest litigation was included in a comprehensive legal reform plan adopted at a key Party session last year.

The pilot project will be carried out in Beijing, Anhui, Fujian, Gansu, Guangdong, Guizhou, Hubei, Inner Mongolia, Jiangsu, Jilin, Shaanxi, Shandong and Yunnan. Endi