The Supreme People's Procuratorate released the fifth anniversary of the procuratorial organs' comprehensive public interest litigation. A total of more than 670,000 public interest litigation cases have been filed in the five years

　　The procuratorial public interest litigation system is a major reform measure that was conceived and born under the guidance of Xi Jinping's thought on the rule of law, and promoted the modernization of the national governance system and governance capacity with the rule of law thinking and method.

On July 1, 2017, the Civil Procedure Law and Administrative Litigation Law revised by the 28th Session of the Standing Committee of the Twelfth National People's Congress came into effect, establishing a public interest litigation system for procuratorial organs. It has been five years since then.

On June 30, the Supreme People's Procuratorate released the fifth anniversary of the procuratorial organs' comprehensive public interest litigation. After continuous advancement, the public interest litigation procuratorial work has developed in an all-round way, the number of cases handled has steadily increased, and the quality and efficiency of case handling has been continuously improved.

　　Data show that from July 2017 to the end of June 2022, more than 670,000 public interest litigation cases were filed, including 58,000 civil public interest lawsuits and 614,000 administrative public interest lawsuits.

Judging from the number of cases handled over the years, it exceeded 100,000 cases in 2018, more than 110,000 cases in 2019, more than 150,000 cases in 2020, 169,000 cases in 2021, and 101,000 cases from January to June 2022.

Judging from the effect of handling the case, a total of 7.86 million mu of damaged arable land, forest land, wetlands and grasslands were supervised and restored, more than 45.84 million tons of various garbage and solid waste were recovered and cleaned up, and 9.35 billion yuan was recovered for ecological restoration and environmental treatment. , about 1.82 million kilograms of counterfeit and shoddy food were recovered, about 60,000 kilograms of counterfeit and smuggled medicines were investigated and recovered; about 15.95 billion yuan worth of state-owned property and rights were urged to be protected and recovered, and about 33.72 billion yuan of state-owned land transfer fees were recovered. 58,000 mu of state-owned land was illegally occupied.

　　The procuratorial organ has always adhered to the guidance of Xi Jinping's thought on the rule of law, and has innovated and formed the public interest litigation procuratorial work concept of "win-win, multi-win and win-win", "protecting the public interest before litigation is the best judicial state" and "continuous follow-up supervision".

From July 2017 to June 2022, more than 520,000 pre-litigation procuratorial suggestions were issued nationwide; the response and rectification rate of administrative agencies in the pre-litigation stage has continued to rise from 97.2% in 2018 to 99.5% in 2021.

If the procuratorial suggestions cannot be implemented, a lawsuit will be filed to promote administration according to law, warn and educate the society.

　　Focusing on serving the overall situation, the procuratorial organs deepened the implementation of public interest litigation procuratorial measures to serve and guarantee the development of the Yangtze River Economic Belt; serve the ecological protection and high-quality development of the Yellow River Basin; actively serve the rural revitalization strategy, focusing on rural land protection, rural living environment improvement, and edible agricultural product safety. Strengthen the case-handling of issues in the "three rural" areas such as protection, accurate identification of poverty and poverty alleviation; strengthen coordination with national special rectification, actively cooperate with the National People's Congress Standing Committee on the inspection of the law enforcement of the Soil Prevention and Pollution Law, and participate in the rectification of the rural occupation of arable land and building houses; Fight the epidemic prevention and control battle well; serve the implementation of major regional strategies according to local conditions.

Through the development of special supervision activities in line with local characteristics, all localities are integrated into national governance on a wider scale and at a deeper level.

　　In the past five years, the Supreme People's Procuratorate has successively deployed special supervision activities such as "guaranteeing the safety of thousands of households", "protecting a better life with public interest litigation", and "solving long-standing difficulties for private affairs", focusing on the public interest litigation quality improvement year, focusing on the people's efforts in ecological environment, food To meet the immediate needs of drug safety, safe production, etc., solve the people's worries, worries, and troubles, always adhere to the people-centered, and protect the people's good life with the effectiveness of public interest litigation, procuratorial case handling.

　　In 2021, the Supreme People's Procuratorate will directly file and handle 6 public interest litigation cases, and the provincial people's procuratorates will directly file and handle 104 cases, realizing the full coverage of cases handled by provincial courts, and promoting a series of major public welfare damage problems to be solved.

The procuratorial organ has always adhered to the problem orientation, and promoted the development and improvement of the public interest litigation procuratorial system with Chinese characteristics through reform and innovation.

Improve case-handling standards, pay close attention to self-handling cases, and improve the quality and efficiency of case-handling.

In addition, it also promotes the establishment of a cross-regional and cross-departmental collaboration mechanism, improves the integrated case-handling mechanism, uses technology to empower investigations to improve the effectiveness of investigations, and innovate the social support mechanism for public participation.

　　In the past five years, procuratorial organs have made new achievements in expanding the scope of public interest litigation cases, promoting public interest litigation prosecutions to a broader space and play a greater role.

Since 2018, the Law on the Protection of Heroes and Martyrs, the Law on the Protection of Minors, the Law on Safe Production, the Law on the Protection of Military Status and Rights and Interests, the Law on the Protection of Personal Information, and the Anti-monopoly Law has given procuratorial organs the right to file public interest lawsuits in corresponding fields. statutory duty.

From November 2019 to June 2022, procuratorial organs across the country handled more than 100,000 cases in new fields, including about 100,000 administrative public interest lawsuits and about 4,000 civil public interest lawsuits.

Among them, it handled 37,000 cases in the field of public security, more than 10,000 cases in the field of cultural relics and cultural heritage, more than 5,000 cases in the protection of rights and interests of special groups, more than 4,000 cases in the field of personal information protection, and more than 900 cases in the field of national defense and military interests. 180 cases in the field of anti-monopoly and anti-unfair competition.

　　The procuratorial public interest litigation system is a major reform measure that was conceived and born under the guidance of Xi Jinping's thought on the rule of law.

In October 2014, General Secretary Xi Jinping made a special statement at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, which profoundly explained the great significance of procuratorial organs in filing public interest lawsuits.

Subsequently, the Central Deep Restructuring Group (Committee) held three meetings to make arrangements for the reform pilot and full implementation respectively, and approved the establishment of the Public Interest Litigation Procuratorate by the Supreme People's Procuratorate.

On July 1, 2017, the Civil Procedure Law and Administrative Procedure Law revised at the 28th Session of the Standing Committee of the Twelfth National People's Congress came into effect, establishing a public interest litigation system for procuratorial organs.

In the past five years, the public interest litigation and procuratorial work has developed in an all-round way, with a steady increase in the number of cases handled, and a continuous improvement in the quality and efficiency of case handling.

From July 2017 to the end of June 2022, more than 670,000 public interest litigation cases were filed, including 58,000 civil public interest lawsuits and 614,000 administrative public interest lawsuits.

Judging from the number of cases handled over the years, it exceeded 100,000 cases in 2018, more than 110,000 cases in 2019, more than 150,000 cases in 2020, 169,000 cases in 2021, and 101,000 cases from January to June 2022.

Judging from the effect of handling the case, a total of 7.86 million mu of damaged arable land, forest land, wetlands and grasslands were restored, 45.84 million tons of garbage and solid waste were recovered and cleaned up, and 9.35 billion yuan was recovered for ecological restoration and environmental management costs; , about 1.82 million kilograms of counterfeit and shoddy food were recovered, about 60,000 kilograms of counterfeit and smuggled medicines were investigated and recovered; about 15.95 billion yuan worth of state-owned property and rights were urged to be protected and recovered, and about 33.72 billion yuan of state-owned land transfer fees were recovered. 58,000 mu of state-owned land was illegally occupied.

　　I. Always adhere to the guidance of Xi Jinping's thought on the rule of law, and innovate the concept of public interest litigation and procuratorial work

　　Since the comprehensive development of the procuratorial public interest litigation system, it has developed rapidly under the care and attention of the Party Central Committee and General Secretary Xi Jinping.

General Secretary Xi Jinping has made important instructions on many occasions. In September 2017, he pointed out in his congratulatory letter to the 22nd International Federation of Prosecutors Annual Meeting that "China's procuratorial organs are an important force in protecting national interests and social and public interests". On December 6, 2021, in the thirty-fifth collective study of the Political Bureau of the Central Committee, he emphasized the need to "improve the public interest litigation system", which has always guided the development direction of public interest litigation and procuratorial work.

The Fourth Plenary Session of the 19th Central Committee of the Communist Party of China clearly proposed "expanding the scope of public interest litigation cases" and "improving the ecological environment public interest litigation system"; the "Plan for the Construction of the Rule of Law in China (2020-2025)" issued by the Party Central Committee in January 2021 The scope of public interest litigation cases and the improvement of the legal system for public interest litigation”; the “Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era” issued in June 2021 clearly stated that “actively and steadily promoting public interest litigation prosecution”.

The Supreme People's Procuratorate has deeply understood the series of important expositions made by General Secretary Xi Jinping on public interest litigation, adhered to the concept to lead the practice and summarized and improved it, and formed the concept of public interest litigation procuratorial work.

Establish a win-win, multi-win and win-win concept: Public interest litigation and prosecution is not a "zero-sum game". The essence is to strengthen the supervision of public interest damage, help government departments to administer according to law, jointly safeguard the fundamental interests of the people, and receive strong support from all quarters.

In the past five years, this concept has been extended from the initial performance requirements to the final effect realization, from the requirements for the performance of the procuratorial organs to a multi-party consensus, and from the win-win situation between the procuratorial organs and the government and its departments to legislation, law enforcement, justice, etc. A win-win situation for the entire governance community.

The administrative organs have gone from initial incomprehension to support and cooperation, to actively requesting supervision and seeking public interest litigation to provide the empowerment of the rule of law when administrative law enforcement means are insufficient, demonstrating the great effect of the Party Central Committee in promoting the comprehensive rule of law.

Establish the concept of "the best judicial state is to realize the purpose of protecting public interests before litigation".

Make full use of the biggest political advantage of the party's leadership, actively and effectively promote the role of the administrative organs to play the role of the active error correction mechanism, urge the coordination of the administrative organs to carry out front-end governance through non-litigation methods such as consultation or procuratorial suggestions, and promote the majority of cases in the pre-litigation link. solve.

From July 2017 to June 2022, more than 520,000 pre-litigation procuratorial recommendations were issued nationwide; the response and rectification rate of administrative agencies in the pre-litigation stage has continued to rise from 97.2% in 2018 to 99% in 2021.

5%.

If the procuratorial suggestion cannot be implemented, a lawsuit will be filed to promote administration according to law, warn and educate the society.

Establish the concept of "continuous follow-up and supervision".

In order to ensure the effect of the case handling, it is emphasized that from the pre-litigation procedure, to the filing of a lawsuit, to the execution of the judgment, the continuous follow-up is carried out one link at a time, and the "review" of the rectification effect of the whole process is regarded as a "prescribed action", and efforts are made to make the damaged public welfare get. recover.

At the same time, it is required to extend from case handling to similar cases and regional rectification, and to promote the formation and improvement of a long-term governance mechanism.

　　2. Always focus on the center to serve the overall situation, and give full play to the effectiveness of the unique system of public interest litigation and procuratorial promotion of national governance

　　The first is to deepen the implementation of public interest litigation procuratorial measures to serve and guarantee the development of the Yangtze River Economic Belt.

The Supreme People's Procuratorate organized the Yangtze River Economic Belt Development Procuratorial Forum, released the White Paper on Service and Guaranteeing the Development of the Yangtze River Economic Belt and typical cases; listed and supervised the handling of issues such as warning films about the Yangtze River Economic Belt's ecological environment; formulated and distributed the procuratorial organs of the Yangtze River Economic Belt to strengthen cooperation and cooperation. Opinions; the six provinces (autonomous regions and municipalities) of Chongqing, Sichuan, Guizhou, Yunnan, Tibet and Qinghai held a joint meeting of the upper reaches of the Yangtze River for ecological and environmental protection procuratorial cooperation, etc., to further promote cross-regional judicial protection cooperation, and promote "one Yangtze River, common protection".

The procuratorial organs along the Yangtze River have deepened the special action of "protecting the mother river of the Yangtze River", and Chongqing has established the Yangtze River Ecological Prosecutor's Office in 44 procuratorates in the city.

Actively integrate into the work of banning and returning fishing in the Yangtze River Basin, strengthen the coordination and cooperation between public interest litigation and procuratorial and administrative law enforcement, and criminal procuratorial, implement the concept of restorative justice, and strengthen the restoration of fishery ecological resources.

The Anhui Provincial Procuratorate guided the offenders and administrative agencies to release more than 30 million juveniles of various types.

The Jiangxi Provincial Procuratorate has deployed special supervision activities for illegal sales of fishing gear to help investigate and deal with the source.

The second is to serve the ecological protection and high-quality development of the Yellow River Basin.

The "Opinions of the Supreme People's Procuratorate on Giving Full Play to Procuratorial Functions to Serve and Guarantee the Ecological Protection and High-Quality Development of the Yellow River Basin" was formulated and released.

The Supreme People's Procuratorate, together with the Ministry of Water Resources, promoted the river chief's office of the nine provinces (districts) along the Yellow River and the procuratorial organs to jointly carry out the special action of "jointly clearing up the four chaos and protecting the mother river", establishing a working mechanism of "river chief + chief procurator", and promoting the ecological governance of the entire Yellow River basin .

During the special period, a total of 9,544 "four chaos" problems in the river were cleaned and rectified in accordance with the law, and 3.3% of the polluted water area was supervised and cleaned up.

60,000 mu, supervised the clean-up of pollution and illegal occupation of more than 3,173 kilometers of rivers, and urged the rectification and demolition of 3.4 million square meters of illegal buildings.

The provincial procuratorates of the nine provinces (regions) along the Yellow River held a forum on serving and guaranteeing the ecological protection of the Yellow River Basin to jointly promote the protection of the ecological environment of the mother river.

The Henan Provincial Procuratorate and the Shandong Provincial Procuratorate co-signed opinions on strengthening cooperation and cooperation with the Yellow River Committee of the Ministry of Water Resources, Henan, and the Shandong Yellow River Bureau, respectively, to promote new breakthroughs in the cooperation between the Yellow River water administrative law enforcement and procuratorial public interest litigation.

The Ningxia procuratorate continued to consolidate and deepen the results of the special action, and jointly launched a special rectification activity for the water intake project of the Ningxia section of the main stream of the Yellow River with the Provincial Department of Water Resources.

The third is to actively serve the rural revitalization strategy.

Procuratorial organs across the country have stepped up their case-handling efforts on issues related to the "three rural" areas, such as rural land protection, rural living environment improvement, edible agricultural product safety protection, and targeted poverty alleviation and poverty alleviation.

The procuratorial organ of the Corps has carried out special supervision on agricultural residue film pollution and strengthened the protection of farmland soil.

The procuratorial organs in Hunan, Hubei, Guizhou, Guangxi, Liaoning and other places carried out special supervision activities to serve the "three rural".

The Shaanxi Provincial Procuratorate issued the "Notice on Procuratorial Public Interest Litigation for Service and Guarantee Implementation of Rural Revitalization Strategy".

The Heilongjiang Provincial Procuratorate carried out special supervision and issued the "Guiding Opinions on Special Supervision of Rural Non-point Source Pollution".

Fourth, strengthen coordination with national special rectification.

Actively connect with the central environmental protection inspector, cooperate with the law enforcement inspection of the ecological environment-related laws of the Standing Committee of the National People's Congress, and participate in the rectification of the problem of illegal occupation of cultivated land and building houses in rural areas.

The Anhui Provincial Procuratorate paid close attention to food security, and, together with the Provincial Department of Natural Resources, carried out a special supervision activity for the “rural occupation of arable land to build houses”, reported 7 typical cases of illegal land occupation, and jointly supervised the handling of 4 cases.

The fifth is to help fight the epidemic prevention and control.

The Eighth Procuratorate of the Supreme People's Procuratorate issued a series of work guidelines, providing specific guidelines for the development of key epidemic-related fields, and guiding all localities to coordinate the epidemic prevention and control and judicial case handling according to the epidemic prevention and control work deployment of the Party Central Committee and local party committees and governments. Service Guarantee Provide solid judicial guarantee for epidemic prevention and control and economic and social development.

The Anhui Provincial Procuratorate focused on finding clues about the processing, storage, transportation, and sales of cold chain food and imported food, and safeguarded the vital interests of the masses by urging administrative organs to perform their duties and filing punitive damages.

The sixth is to serve regional major strategies and local center work according to local conditions.

Through the development of special supervision activities in line with local characteristics, all localities are integrated into national governance on a wider scale and at a deeper level.

The Beijing Municipal Procuratorate has deployed and carried out special supervision activities for the safe production of hazardous chemicals and the construction of barrier-free environments, serving and guaranteeing the celebration of the 100th anniversary of the founding of the Communist Party, the Beijing Winter Olympics and the Winter Paralympics.

Heilongjiang, Jilin and Liaoning procuratorial organs implement the strictest implementation

It has carried out the special campaign of public interest litigation of "protecting the black land and protecting the big granary".

The procuratorial organs of the six provinces and cities along the middle route of the South-to-North Water Diversion project held the "Service and Guarantee Public Interest Litigation Cooperation Meeting for the Middle Route Project of the South-to-North Water Diversion Project", established an inter-provincial cooperation mechanism, and continued to carry out special supervision activities of public interest litigation for ecological protection of the middle route of the South-to-North Water Diversion Project to help the safe delivery of clean water from one channel to the north.

The Procuratorate of the Inner Mongolia Autonomous Region has carried out special supervision on "protecting grassland woodland in northern Xinjiang", restoring 31,600 mu of woodland and 38,700 mu of grassland, and has been selected as one of the top ten legal events in Inner Mongolia in 2021.

The Yunnan procuratorate deepened the special supervision activities such as "the protection of the ecological environment and resources of the Jinsha River Basin and the nine plateau lakes", and issued the "White Paper on the Protection of the Ecological Environment and Resources of the Jinsha River Basin (Yunnan Section)".

The procuratorial organs of Jilin, Jiangxi, Guangxi and Shaanxi carried out special supervision activities such as "protection of the Songhua River Basin", "Guarding the Poyang Lake", "Ecological Environmental Protection of the Li River Basin" and "Qinling Ecological Protection".

　　3. Always adhere to the people-centered approach and protect the people's good life with the effectiveness of public interest litigation, procuratorial and case handling

　　In the final analysis, public interests are the interests of the people. As a judicial system that focuses on safeguarding public interests, public interest litigation is a political project of the party.

The procuratorial organs take Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the fundamental guide, deeply practice Xi Jinping Thought on the Rule of Law, and strive to implement the people-centered approach to every public interest litigation case.

In the specific work, focus on the things around the masses, take special activities as the starting point, and always grasp the good things.

The Supreme People's Procuratorate has successively deployed special supervision activities such as "guaranteeing the safety of thousands of households", "protecting a better life with public interest litigation", and "solving old difficulties for the private sector". The most immediate needs of drug safety, safe production, etc., solve the people's worries, worries, and worries, and help build the party's ruling foundation.

The procuratorial authority of Zhanjiang City, Guangdong Province issued a procuratorial suggestion on the pollution of a pig farm in Hedi Reservoir, the drinking water source of Zhanjiang City, which seriously endangered the safety of drinking water. Continue to follow up and implement, and fully complete the demolition task of 10 illegal farms in the jurisdiction. A total of more than 6,800 square meters of farms have been demolished, and more than 600 live pigs and 16,000 ducks have been properly handled to effectively protect the "source of life" of the masses.

In the administrative public interest litigation case of the People’s Procuratorate of Quxian County, Sichuan Province for Supervising the Rectification of Small Food Workshops in Township Farmers Markets, the procuratorial organs aimed at the blind spots in the supervision of small workshops, urged relevant departments to straighten out their supervision responsibilities, weave the food safety supervision network, and promote the food safety committees at the city and county levels. Rectify 136 small food workshops in 36 townships to reduce potential food safety hazards in townships.

　　4. Always adhere to the problem orientation, and promote the development and improvement of the public interest litigation and procuratorial system with Chinese characteristics through reform and innovation

　　First, in view of the relatively principled legal provisions and insufficient operational norms in case-handling practice, improve case-handling norms and strictly perform public interest litigation procuratorial duties in accordance with the law.

The Supreme People's Procuratorate and the Supreme People's Court jointly issued the Interpretation on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases, which stipulated the procuratorial organs' litigation status, trial procedures, litigation rights and obligations, and consolidated the foundation of the procuratorial public interest litigation system.

In response to the problems of scattered normative basis and weak operability in the practice of public interest litigation case handling, the "People's Procuratorate's Public Interest Litigation Case Handling Rules" has been formulated. The whole process and systematic normative basis.

Continue to explore the law of handling cases in key areas and links, and issue two guidelines for handling administrative and civil public interest litigation cases by procuratorial organs, as well as two work guidelines for handling civil public interest litigation cases for the protection of heroes and martyrs and public hearings for public interest litigation cases, and promote the gradual formation of wide coverage, Operational guidance system for handling cases.

Strengthen the supervision and restriction of power operation.

The Eighth Department of the Supreme People's Procuratorate issued the "Seven Bans on Public Interest Litigation Prosecution", and the Shanxi Provincial Procuratorate issued the "Measures for the Supervision and Administration of the Operation of Public Interest Litigation Procuratorial Powers (Trial)".

The Zhejiang Provincial Procuratorate issued the "Implementation Measures for Follow-up and Supervision of Procuratorial Suggestions before Administrative Public Interest Litigation" to strengthen the accuracy, standardization and effectiveness of follow-up supervision.

The Hainan Provincial Procuratorate formulated the "Work Guidelines on Marine Public Interest Litigation and Marine Ecological Restoration" to promote standardized handling of marine ecological restoration cases.

　　Second, in response to the problems that the procuratorates at or above the provincial level handled fewer cases directly and the quality and efficiency of case handling was not high in the initial stage of the comprehensive rollout of the system, the Supreme People's Procuratorate and the provincial-level procuratorates handled cases by themselves.

In 2021, the Supreme People's Procuratorate will directly file and handle 6 public interest litigation cases, and the provincial people's procuratorates will directly file and handle 104 cases, realizing the full coverage of the cases handled by the provincial courts, and promoting a series of major public welfare damage problems to be solved.

For example, the Supreme People's Procuratorate directly filed a case for the damage to the ecological environment of the "South Four Lakes" watershed involving 34 counties (cities, districts) in 4 provinces of Shandong, Jiangsu, Henan, and Anhui. Pollution predicament, reproduce a lake with clear water.

　　The third is to establish a cross-regional cooperation mechanism for the problem of public welfare damage that often crosses different regions and the effect of decentralized governance is not good.

The Supreme People's Procuratorate formulated and issued the "Guiding Opinions on the Jurisdiction of Procuratorial Public Interest Litigation Cross-Administrative Division (Trial)"; promoted the establishment of a cross-district administrative public interest litigation jurisdiction cooperation mechanism for important rivers and lakes across the country, and all 21 provincial boundary sections in the Yangtze River Basin have countersigned the cooperation mechanism.

The Beijing-Tianjin-Hebei procuratorial organs and the procuratorial organs of eight provinces and cities along the Grand Canal, including Tianjin, co-signed the opinions on the jurisdiction of public interest litigation in the Haihe River Basin and along the Grand Canal.

Shanghai, Jiangsu, Zhejiang, Anhui, etc. signed the opinions on the cooperation of public interest litigation in the Yangtze River Delta region and the Taihu Lake Basin respectively.

The procuratorial organs of Shaanxi, Shanxi and Henan jointly carried out special supervision activities of public interest litigation for the comprehensive control of air pollution in the Fenwei Plain.

The procuratorial organs of Liaoning, Jilin, Heilongjiang, and Inner Mongolia jointly established a public interest litigation cooperation mechanism for the protection of forestry ecological resources in the three northeastern provinces and one district and the protection of the Northeast Tiger and Leopard National Forest Park.

The procuratorial organs in Chongqing and Sichuan have established a cross-provincial jurisdictional coordination mechanism for ecological and environmental administrative public interest litigation in the Yangtze and Youshui basins.

Sichuan, Tibet, Yunnan, Qinghai, Gansu, Xinjiang, and the Xinjiang Corps Procuratorate signed an opinion on the cross-provincial coordination mechanism for ecological inspection of the Qinghai-Tibet Plateau and surrounding areas.

　　The fourth is to improve the integrated case-handling mechanism in response to the problem of greater pressure and resistance in grass-roots case handling.

Public interest litigation cases are complex, most of them are handled at the grassroots level, and grassroots procuratorates often face greater pressure and resistance in handling cases. Establish a series of integrated mechanisms to meet the needs of public interest litigation cases.

The Jiangxi Provincial People's Procuratorate formulated the "Guiding Opinions on Establishing an Integrated Case Handling Mechanism for Public Interest Litigation (Trial)" to optimize the integration of top and bottom, unified command, unified deployment, An efficient case-handling structure.

The Shanghai Municipal People’s Court has formulated the detailed rules for calling procurators in the jurisdiction, measures for evaluating the quality and effectiveness of cases, management rules for clue platforms, and other documents, and established mechanisms such as integrated case handling, separation of complicated and simple cases, quick handling of simple cases, and case quality and effectiveness evaluation.

Shaanxi and other provincial-level procuratorates have established command centers, with the chief procurator serving as the commander, to strengthen case handling information collection, quality control, coordination and command, force deployment, and information release.

In the case of damage to the ecological environment in the Wanfeng Lake Basin directly handled by the Supreme People’s Procuratorate, the pollution problem involved three provinces (districts) and five counties (cities) in Guizhou, Guizhou, and Yunnan. With the joint efforts of the four levels of procuratorial organs, 47 key procuratorial professionals from Guizhou and Yunnan formed a special task force to solve the lake water pollution problem that has long plagued the people in the border areas of the three provinces.

　　The fifth is to improve the quality and efficiency of investigations through technology empowerment in response to the difficulty of collecting evidence in public welfare damage investigations.

The Supreme People's Procuratorate and the Chinese Academy of Sciences have established a joint laboratory for ecological and environmental identification, and Jiangsu and Zhejiang provincial procuratorates have established a joint laboratory for public interest litigation forensic identification with the Provincial Department of Ecology and Environment.

Procuratorial organs at all levels have strengthened the deployment of investigation equipment such as drones, and built a number of rapid testing laboratories to effectively improve the quality and efficiency of evidence collection and testing.

Guizhou procuratorate has built a drone-assisted investigation and evidence collection platform, implemented unified certification and scheduling for drones, strengthened the collection, analysis and processing of image data and evidence conversion, and realized the transformation from traditional "flat" forensics to "three-dimensional".

　　Sixth, in response to the problem of insufficient cooperation in public welfare protection, strengthen the cross-departmental cooperation mechanism.

Public welfare protection is a systematic project. Procuratorial organs at all levels practice the concept of "win-win, multi-win and win-win", and strive to build a wider and more effective collaboration mechanism.

The Supreme People's Procuratorate and the Ministry of Ecology and Environment and other nine ministries and committees signed the "Opinions on Strengthening Cooperation and Cooperation in Procuratorial Public Interest Litigation to Fight the Tough Battle of Pollution Prevention".

Jointly issued the "Opinions on Strengthening Cooperation and Cooperation in Procuratorial Public Interest Litigation to Safeguard Food and Drug Safety in accordance with the Law" with 10 departments including the Central Cyberspace Administration of China and the Food Safety Office of the State Council.

Jointly issued the "Minutes of the Symposium on Exploring the Establishment of a Punitive Compensation System for Civil Public Interest Litigation in Food Safety" with seven departments including the Supreme People's Court and the China Consumers Association.

Jointly issued the "Pilot Program on Strengthening Cooperation and Cooperation in the Field of Land Law Enforcement Investigation" with the Ministry of Natural Resources.

The Ministry of Water Resources issued the "Opinions on Establishing and Improving the Cooperation Mechanism for Water Administrative Law Enforcement and Procuratorial Public Interest Litigation".

In order to promote the implementation of the rectification work of the central ecological and environmental protection inspectors, the "Central Ecological and Environmental Protection Inspector's Public Interest Litigation Case Clue Assignment and Supervision Work Measures" was formulated.

The Supreme People's Procuratorate has established a cooperation mechanism with the Ministry of Justice, the Ministry of Ecology and Environment and other relevant ministries and commissions to promote solutions to the problems of difficult identification, high costs and long periods of environmental pollution cases.

　　The seventh is to innovate the social support mechanism in response to the need to improve social participation and awareness of public welfare protection.

Procuratorial organs in various places actively promote various methods such as pre-litigation roundtable meetings, hearings, public announcements, and on-site service, and continuously improve the public participation and credibility of public interest litigation.

For example, the Fujian procuratorate established a round table meeting mechanism in response to the fact that the administrative organs had the will to rectify but had difficulties in rectification due to objective reasons, or the case involved multiple administrative organs that needed to coordinate and cooperate to perform their duties together. As well as deputies to the National People's Congress and representatives of the masses held a pre-litigation roundtable meeting to jointly study solutions and measures.

The Supreme People's Procuratorate promoted the construction of a "benefiting the public" prosecutorial cloud platform, and started pilot work in 12 provinces. So far, more than 16,000 volunteers have been recruited and 1,128 clues have been submitted.

The Liaoning Provincial Procuratorate opened a "needs" channel for procuratorial public interest litigation in the "Liaoning Daily", and 1,096 people and representatives from all walks of life and all walks of life made suggestions and collected 771 clues to the case.

Chongqing has established a public interest litigation observer system, and 38 grass-roots courts have hired 1,161 observers to provide 107 clues for handling cases.

The Shandong Provincial Procuratorate has researched and formulated the Measures for the Management of the Appointment of Public Welfare Observers (for Trial Implementation), and hired business experts in the fields of ecological environmental protection, food and drug safety, etc. to serve as public welfare observers.

Shanghai has established a public interest litigation reporting incentive mechanism, formulated case reporting incentive measures, and guided and encouraged the public to provide clues to public interest litigation cases in accordance with the law.

　　5. New achievements have been made in expanding the scope of public interest litigation cases, and promoting public interest litigation prosecution to a broader space and play a greater role

　　The procuratorial organs earnestly implemented the spirit of the Fourth Plenary Session of the 19th Central Committee of the Communist Party of China on "expanding the scope of public interest litigation cases", and adjusted the principle of "waiting" outside exploration from "safe and active" to "active and safe", and the Supreme People's Procuratorate formulated and issued "Guiding Opinions on Actively and Steadily Expanding the Scope of Public Interest Litigation Cases".

Since 2018, the Law on the Protection of Heroes and Martyrs, the Law on the Protection of Minors, the Law on Safe Production, the Law on the Protection of Military Status and Rights and Interests, the Law on the Protection of Personal Information, and the Anti-monopoly Law have given procuratorial organs the right to file public interest lawsuits in corresponding fields. statutory duty.

Twenty-six provincial standing committees of people's congresses have issued special decisions to strengthen public interest litigation and procuratorial work. Scope, etc. provide supplementary and explanatory basis.

From November 2019 to June 2022, procuratorial organs across the country handled more than 100,000 cases in new fields, including about 4,000 civil cases and about 100,000 administrative cases.

Among them, 37,000 cases were handled in the field of public security, more than 10,000 cases in the field of cultural relics and cultural heritage, more than 5,000 cases in the protection of rights and interests of special groups, more than 4,000 cases in the field of personal information, 931 cases in the field of national defense and military interests, and in the fields of anti-monopoly and anti-unfair competition. 180 pieces.

　　One is the field of safety production.

Procuratorial organs handle a series of public interest litigation cases closely related to production work, including hazardous chemicals, flammable and explosive materials, ground collapse caused by illegal mining, and hidden dangers to fire and traffic safety caused by illegal construction. To protect the safety of people's lives.

The Shanghai procuratorial organs actively carried out the "special inspection and supervision activities for maintaining safety along the high-speed railway", and identified more than 400 potential safety hazards along the more than 3,000 kilometers of high-speed railways in Shanghai, Jiangsu, Zhejiang and Anhui. For issues related to high-speed rail safety such as illegal occupation and the stacking of dangerous goods, 38 procuratorial recommendations were prepared before prosecution to promote risk investigation and rectification.

The Zhejiang Provincial Procuratorate deployed and carried out a special action for public interest litigation in the field of safety production and a special supervision action for the production and operation of fireworks and firecrackers, and a total of 546 cases were filed in the province.

The Guizhou Provincial Procuratorate launched a special campaign of "Night Watchman for Safe Production", and formulated relevant guidance for handling cases.

The second is the field of personal information protection.

The Supreme People's Procuratorate, together with the Central Cyberspace Administration of China, the Ministry of Industry and Information Technology and other functional departments, actively promoted the connection between administrative law enforcement and public interest litigation and prosecution, published typical cases of public interest litigation in the field of personal information protection, and responded to the rectification of APP's excessive collection of personal information, express delivery logistics leaking personal information, The harassing phone calls and other prominent problems are strongly reflected by the people.

The Zhejiang procuratorate handled a civil public interest litigation case for supervising and rectifying the illegal collection of face recognition information in Nanxun Ancient Town Scenic Spot, and achieved good social results.

Procuratorial organs at all levels in Guangdong Province have carried out special investigations on the use of the human biometrics collection and identification system, filed 249 cases, and promoted the establishment of a supervisory cooperation mechanism for human biometrics security technology and defense systems.

The third is the field of cultural relics and cultural heritage protection.

Solidly carried out special public interest litigation actions such as the Great Wall, Grand Canal culture, traditional village protection, and red resource protection, and successively released 10 typical cases of public interest litigation for cultural relics and cultural heritage protection and 13 Grand Canal protection public interest litigation cases.

The Supreme People's Procuratorate and the Ministry of Veterans Affairs jointly launched a national special campaign for the management and protection of martyrs' memorial facilities at the county level and below, and issued the "Notice on Effectively Doing a Good Job in Procuratorial Public Interest Litigation for the Protection of Red Resources such as Revolutionary Cultural Relics in Combining with Party History Study and Education", released 14 A typical case of public interest litigation in the field of red resource protection.

The procuratorial organs of Hebei Province promoted the "Great Wall Protection Procuratorial Public Interest Litigation Special Activity" to carry out in-depth, organized and carried out all-line inspections of the Great Wall activities to further find out the basics, find problems, collect clues, and increase case handling efforts.

The Shandong Provincial Procuratorate carried out special supervision on the public interest litigation of "protecting the Grand Canal", giving full play to the effectiveness of the Grand Canal's ecological environment protection, river system management and cultural heritage protection.

The Hunan Provincial Procuratorate promotes the promulgation of "Hunan

Provincial Regulations on the Protection and Utilization of Red Resources, which includes "procuratorial organs in accordance with the law to carry out public interest litigation in the protection of red resources" into local legislation.

The Guangxi procuratorial organs deployed and carried out the special supervision activity of "learning the history of the party, protecting the loyal souls of the heroes of Myanmar" to protect the procuratorial public interest litigation of heroic martyrs, focusing on the protection of red resources and inheriting the red blood.

The fourth is the field of national defense and military interests.

The Supreme People's Procuratorate and the Political and Legal Affairs Commission of the Central Military Commission formulated the "Opinions on Strengthening the Collaboration of Public Interest Litigation Work between Military and Civil Procuratorial Organs", and released two batches of 13 typical cases of public interest litigation involving military and civilian cooperative prosecutors.

Jointly launched a special campaign of public interest litigation for airspace clearance protection of the Air Force Airport with the Military Procuratorate of the People's Liberation Army and relevant departments of the Air Force.

The Tianjin Wuqing District Procuratorate and the Beijing Military Procuratorate jointly handled the case to properly solve the problem of the height of trees in an airport affecting the flight safety of military aircraft.

Guangdong Provincial Procuratorate, Guangzhou Military Procuratorate and Guangdong Coast Guard Bureau signed the "Opinions on Strengthening the Cooperation between Procuratorial Police, Military and Local Cooperation" to strengthen cooperation in public interest litigation in the field of marine resources protection.

The fifth is the protection of the rights and interests of special groups.

The Supreme People's Procuratorate and the China Disabled Persons' Federation conscientiously implemented the spirit of General Secretary Xi Jinping's important instructions on the construction of barrier-free facilities, jointly released 10 typical cases of public interest litigation in the field of barrier-free environment construction, summarized and promoted Hangzhou's experience, and deployed normalized special supervision throughout the country. Carry out "love without hindrance" to the end, and help "old people without code" to eliminate the "digital divide".

Summarize and promote Shanxi's guidelines for handling civil public interest litigation cases for maintenance-related procuratorial cases.

Jointly issued the "Notice on Establishing a Cooperation Mechanism for Jointly Promoting the Protection of Women and Children's Rights and Interests" with the All-China Women's Federation.

Guiding the Beijing Municipal Procuratorate to carry out the special supervision activity of public interest litigation of "Inspecting, Loving and Protecting the Future", and promoting more than 40 patriotic education bases such as the Forbidden City, Badaling Great Wall, Temple of Heaven, Yuanmingyuan, etc. to open to minors free of charge, which has won high praise from the society.

The procuratorate and the Guangdong Coast Guard Bureau signed the "Opinions on Strengthening the Cooperation between the Procuratorate, Police, Military and Local Areas" to strengthen cooperation in public interest litigation in the field of marine resources protection.

The fifth is the protection of the rights and interests of special groups.

The Supreme People's Procuratorate and the China Disabled Persons' Federation conscientiously implemented the spirit of General Secretary Xi Jinping's important instructions on the construction of barrier-free facilities, jointly released 10 typical cases of public interest litigation in the field of barrier-free environment construction, summarized and promoted Hangzhou's experience, and deployed normalized special supervision throughout the country. Carry out "love without hindrance" to the end, and help "old people without code" to eliminate the "digital divide".

Summarize and promote Shanxi's guidelines for handling civil public interest litigation cases for maintenance-related procuratorial cases.

Jointly issued the "Notice on Establishing a Cooperation Mechanism for Jointly Promoting the Protection of Women and Children's Rights and Interests" with the All-China Women's Federation.

Guiding the Beijing Municipal Procuratorate to carry out the special supervision activity of public interest litigation of "Inspecting, Loving and Protecting the Future", and promoting more than 40 patriotic education bases such as the Forbidden City, Badaling Great Wall, Temple of Heaven, Yuanmingyuan, etc. to open to minors free of charge, which has won high praise from the society.

The procuratorate and the Guangdong Coast Guard Bureau signed the "Opinions on Strengthening the Cooperation between the Procuratorate, Police, Military and Local Areas" to strengthen cooperation in public interest litigation in the field of marine resources protection.

The fifth is the protection of the rights and interests of special groups.

The Supreme People's Procuratorate and the China Disabled Persons' Federation conscientiously implemented the spirit of General Secretary Xi Jinping's important instructions on the construction of barrier-free facilities, jointly released 10 typical cases of public interest litigation in the field of barrier-free environment construction, summarized and promoted Hangzhou's experience, and deployed normalized special supervision throughout the country. Carry out "love without hindrance" to the end, and help "old people without code" to eliminate the "digital divide".

Summarize and promote Shanxi's guidelines for handling civil public interest litigation cases for maintenance-related procuratorial cases.

Jointly issued the "Notice on Establishing a Cooperation Mechanism for Jointly Promoting the Protection of Women and Children's Rights and Interests" with the All-China Women's Federation.

Guiding the Beijing Municipal Procuratorate to carry out the special supervision activity of public interest litigation of "Inspecting, Loving and Protecting the Future", and promoting more than 40 patriotic education bases such as the Forbidden City, Badaling Great Wall, Temple of Heaven, Yuanmingyuan, etc. to open to minors free of charge, which has won high praise from the society.

　　6. Continuously deepen theoretical research and international exchanges, and improve the theoretical system of public interest litigation and procuratorial systems

　　Procuratorial public interest litigation is a new system, and procuratorial organs insist on the simultaneous advancement of practical exploration and theoretical innovation.

Procuratorial organs at all levels have maintained good interaction with the academic community during system improvement and practical case handling. By holding seminars, demonstration meetings, hearings, etc., they have fully listened to and absorbed the opinions and suggestions of the academic community, and actively supported the academic community to carry out public interest litigation research.

The Supreme People's Procuratorate has awarded China University of Political Science and Law, Zhengzhou University, Northwest University of Political Science and Law, and Xiangtan University Procuratorial Public Interest Litigation Theory Research Center or Research Institute as the procuratorial public interest litigation research base.

In 2020, the research base of Zhengzhou University will open a public interest litigation law course for undergraduates majoring in law in the law school, compile public interest litigation law textbooks, and set up the first public interest litigation law postgraduate enrollment direction in the country, for the high-quality development of procuratorial public interest litigation Cultivate high-quality professionals.

Local procuratorial organs have also cooperated with colleges and universities and scientific research institutions to set up comprehensive research bases for public interest litigation procuratorial theories.

　　Procuratorial public interest litigation is a major achievement of the innovation and development of the socialist legal system and judicial system with Chinese characteristics. The Chinese plan for the design of the system has received widespread attention. The efficiency and effectiveness of the system operation have been widely recognized, and the international influence has continued to expand.

The Eighth Procuratorate of the Supreme People's Procuratorate deepens international cooperation, promotes exchanges and mutual learning, publicizes the Chinese plan for public welfare protection, and contributes Chinese wisdom to the world problem of public welfare protection.

The Supreme Prosecutor participated in important international conferences such as the World Congress on Conservation of Nature and the United Nations Conference on Biodiversity, conducted business exchanges with the procuratorial organs of Vietnam, Mongolia, Belarus, Hungary and other countries, and held international seminars jointly with international organizations such as the European Environmental Protection Association to promote procuratorial The public interest litigation system, the procuratorial public interest litigation system with distinctive Chinese characteristics, has won widespread attention and praise from the international community, and has become a dazzling business card for telling the story of the rule of law in China.