In order to implement the requirements of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China on exploring the establishment of a public interest litigation system by procuratorial organs, the following scheme is proposed for the pilot work of public interest litigation by procuratorial organs.
I. Objectives and principles
In accordance with the reform and deployment of "the Central Committee of the Communist Party of China's Decision on Comprehensively Advancing Several Major Issues in Governing the Country by Law", we will actively explore the establishment of a public interest litigation system for procuratorial organs, give full play to the legal supervision function of procuratorial organs, promote administration according to law, strictly enforce the law, safeguard the legal authority of the Constitution, safeguard social fairness and justice, and safeguard national and social interests.
(1) adhere to the correct direction of reform. Adhere to the organic unity of the Party's leadership, the people being the masters of the country and governing the country according to law, develop and improve the procuratorial system in Socialism with Chinese characteristics, and unswervingly follow the road of rule of law in Socialism with Chinese characteristics.
(2) Based on the function of legal supervision. Adhering to the functional orientation of procuratorial organs and grasping the conditions, scope and procedures for bringing public interest litigation not only strengthen the protection of public interests, but also strictly regulate the exercise of procuratorial power.
(3) Effectively protect public interests. In view of violations of national and social interests in the field of ecological environment and resource protection, civil or administrative public interest litigation should be filed in time to strengthen the protection of national and social interests.
(4) Advance in an orderly manner in strict accordance with the law. According to the relevant provisions of the Civil Procedure Law, the Administrative Procedure Law and other laws and the authorization decision of the National People's Congress Standing Committee (NPCSC), ensure that the pilot work is carried out within the legal framework and authorization scope, and maintain the unity and authority of the legal system.
Second, the main content
(a) to file a civil public interest lawsuit
1. The scope of the pilot case. In performing their duties, the procuratorial organ may bring a civil public interest lawsuit to the people's court if it finds that the food and drug safety field pollutes the environment and infringes on the legitimate rights and interests of many consumers.
2. Participants in the proceedings. Procuratorial organs, as parties to public interest litigation, file civil public interest litigation. The defendant in a civil public interest litigation is a citizen, legal person or other organization that commits an act that harms the public interest. When the procuratorial organ brings a civil public interest lawsuit, the defendant has no right to counterclaim.
3. Pre-litigation procedure. Before bringing a civil public interest lawsuit, the procuratorial organ shall urge or support the organs or relevant organizations prescribed by law to bring a civil public interest lawsuit according to law. After receiving the opinions urging or supporting prosecution, the organ or relevant organization prescribed by law shall handle it according to law within one month and give a written reply to the procuratorial organ in time.
4. file a lawsuit. After the pre-litigation procedure, the organs and relevant organizations stipulated by law have not filed a civil public interest lawsuit, and the public interest is still in a state of being infringed, the procuratorial organ may file a civil public interest lawsuit. When a procuratorial organ files a civil public interest litigation, it shall have clear defendants, specific claims and preliminary evidence that the public interest has been harmed, and make an indictment for public interest litigation.
5. Litigation request. The procuratorial organ may request the defendant to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, compensate the losses, apologize and other litigation requests to the people's court.
Pilot work plan for procuratorial organs to file public interest litigation
(2) instituting administrative public interest litigation.
1. The scope of the pilot case. When performing their duties, the procuratorial organs found that the administrative organs responsible for supervision and management in the fields of ecological environment and resource protection, state-owned assets protection, and the transfer of state-owned land use rights illegally exercised their functions and powers or did not act, resulting in violations of the interests of the state and society. Citizens, legal persons and other social organizations that have no direct interests and cannot bring a lawsuit may bring an administrative public interest lawsuit to the people's court. During the pilot period, the focus is on bringing administrative public interest litigation to cases in the field of ecological environment and resource protection.
2. Participants in the proceedings. Procuratorial organs, as parties to public interest litigation, bring administrative public interest litigation. The defendants in administrative public interest litigation are administrative organs that illegally exercise their functions and powers or do nothing in the fields of ecological environment and resource protection, state-owned assets protection, transfer of state-owned land use rights, and organizations authorized by laws, regulations and rules.
3. Pre-litigation procedure. Before bringing an administrative public interest lawsuit, the procuratorial organ shall first put forward procuratorial suggestions to the relevant administrative organs to urge them to correct illegal administrative acts or perform their duties according to law. After receiving the procuratorial proposal, the administrative organ shall deal with it according to law within one month and reply to the procuratorial organ in writing in time.
4. file a lawsuit. After the pre-litigation procedure, if the administrative organ refuses to correct the illegal act or fails to perform its statutory duties, and the interests of the state and society are still infringed, the procuratorial organ may file an administrative public interest lawsuit. When a procuratorial organ files an administrative public interest litigation, it shall have clear defendants, specific claims and preliminary evidence that the interests of the state and society have been infringed, and make an indictment for public interest litigation.
5. Litigation request. The procuratorial organ may request the people's court to cancel or partially cancel the illegal administrative act, perform its statutory duties within a certain period of time, and confirm that the administrative act is illegal or invalid.
(3) Other matters
1. During the pilot period, if the local people's procuratorate intends to file a public interest lawsuit with the people's court, it shall first report to the Supreme People's Procuratorate for approval.
2. If a public interest lawsuit is filed, the procuratorial organ shall be free of legal fees.
3. The provisions of the Civil Procedure Law, the Administrative Procedure Law and relevant judicial interpretations shall apply to public interest litigation not stipulated in the Trial Measures.
Third, the implementation plan
(1) authorized by the legislature. The National People's Congress Standing Committee (NPCSC) is requested to authorize the pilot work from June 20 15 to July 20 15, with a pilot period of two years.
(2) Actively carry out pilot projects. On July 20 15, according to the authorization and pilot work plan of the National People's Congress Standing Committee (NPCSC), the pilot implementation measures were formulated, and Beijing, Inner Mongolia, Jilin, Jiangsu, Anhui, Fujian, Shandong, Hubei, Guangdong, Guizhou, Yunnan, Shaanxi, Gansu and other three provinces, autonomous regions and municipalities directly under the Central Government were selected to carry out pilot projects.
(3) Promote the revision and improvement of relevant laws. Summarize the experience and effectiveness of the pilot in a timely manner and actively promote the revision and improvement of relevant laws.
Fourth, the job requirements
First, we must adhere to overall planning. Strengthen the top-level design, establish the basic system and norms for procuratorial organs to file public interest litigation, and plan the specific timetable and road map as a whole. In accordance with the requirements of replication and popularization, the pilot areas are encouraged to give play to their subjective initiative and promote institutional innovation.
Second, we must actively and steadily advance. To explore the establishment of public interest litigation system by procuratorial organs, we should actively promote and strengthen the guidance and supervision of the pilot work; We should also be cautious and strict in procedures, and strive to ensure the unity of legal and social effects. It is necessary to gradually form mature experience and then promote the improvement of legislation.
Third, we must strengthen coordination and cooperation. Pilot units should strengthen reporting, communication and coordination, actively strive for the support of local party committees, people's congresses, governments and relevant departments, establish a coordination mechanism with the people's courts, and steadily promote the pilot work.
Fourth, we should pay attention to publicity and guidance. It is necessary to publicize the good experiences, good practices and achievements of the pilot work in a timely manner; We must also grasp the propaganda strategy, strictly publicize discipline, correctly guide social expectations, and create a good public opinion environment for the pilot work.