Lehman, Lee & Xu - China Litigation Lawyers Alert

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BEIJING, June 25 (Xinhua) -- Lawmakers on Thursday expressed support for a draft legal document to allow prosecutors to institute public interest litigation in civil and administrative cases.

The discussion was the subject of a panel during the bimonthly session of the Standing Committee of the National People's Congress (NPC), the top legislature.

The bill, submitted by the Supreme People's Procuratorate, requested that the NPC Standing Committee authorizes a two-year program in 13 provincial divisions to test the measure.

Lawmakers believe the bill will strengthen the role played by procuratorates in law supervision and better protect national and public interests.

They also hoped that the bill would ensure administrative authorities lawfully exercise their power.

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.

"The program is an important move to build a law-abiding nation," said lawmaker Lang Sheng.

Lang's opinion was echoed by his fellow lawmaker Luo Liangquan: "The bill represents the interests of the people and reflects their voice.

It was a significant move that would safeguard state assets and people's health, Luo added.

Procurator-general Cao Jianming said Wednesday that supervision of government practices was not fully effective and public interest had been undermined by malpractice or failure to act, especially in cases involving disposal of state assets, land use and environmental protection.

The draft decision is expected to be passed in this session.

Zhang Dejiang, chairman of the NPC Standing Committee, attended the panel discussions.

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