What kind of appraisal basis is considered a civil public interest lawsuit

Article 15 of China's Civil Procedure Law stipulates:"State organs, social organizations, enterprises, and public institutions have the right to support the injured units or individuals in filing lawsuits in the people's courts for civil and administrative violations that harm the interests of the state or collectives or individuals. "Generally speaking, anything that meets the requirements of Article 15 of the Civil Procedure Law of the People's Republic of China should be a public interest litigation case, but the specific classification can be roughly divided into the following types:

I. Cases of Loss of State-Owned Assets Such cases mainly include state-owned assets and state-owned land, of which land is immovable property. II. Cases of environmental pollution and other violations of the public interestThis type of case mainly includes environmental pollution such as rivers, the atmosphere, and soil. III. Cases of unfair competition or infringement of the interests of vulnerable groups.

4. Acts of unfair competition in cases where state property and collective property suffer losses and fail to file a civil lawsuit attached to a criminal case often undermine the order and rules of the socialist market economy and cause disorder and chaos in the economic order; Infringement of the interests of vulnerable groups is often manifested in administrative violations or administrative inaction of some leading functional departments, and the legitimate rights and interests of vulnerable groups are infringed upon by strong administrative means, thereby causing dissatisfaction among the broad masses of the people and easily inducing social instability. Paragraph 2 of Article 77 of the Criminal Procedure Law of the People's Republic of China stipulates:"If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.

Article 55 of the Civil Procedure Law stipulates that public interest litigation may be granted to conduct that harms the public interest, such as polluting the environment and infringing on the legitimate rights and interests of many consumers.

Organs and relevant organizations prescribed by law may file lawsuits in the people's courts against acts that harm the public interest, such as polluting the environment or infringing on the lawful rights and interests of many consumers. In the course of performing their duties, people's procuratorates may initiate litigation in the people's courts if they discover conduct that harms the public interest, such as damage to the ecological environment and the protection of resources, or infringement of the lawful rights and interests of many consumers in the field of food and drug safety, or where there are no organs or organizations provided for in the preceding paragraph, or where the organs and organizations provided for in the preceding paragraph do not initiate litigation. Where the organs or organizations provided for in the preceding paragraph raise a lawsuit, the people's procuratorate may support the prosecution.

Article 55 of the Civil Procedure Law of the People's Republic of China: The organs and relevant organizations prescribed by law may file a lawsuit in the people's courts against acts that harm the public interest, such as polluting the environment or infringing on the lawful rights and interests of many consumers. In the course of performing their duties, people's procuratorates may initiate litigation in the people's courts if they discover conduct that harms the public interest, such as damage to the ecological environment and the protection of resources, or infringement of the lawful rights and interests of many consumers in the field of food and drug safety, or where there are no organs or organizations provided for in the preceding paragraph, or where the organs and organizations provided for in the preceding paragraph do not initiate litigation. Where the organ or organization of the preceding paragraph provides for a lawsuit initiated by Lu Mozhi, the People's Procuratorate may support the prosecution.

The scope of application of civil public interest litigation is "acts that harm the public interest, such as polluting the environment and infringing on the legitimate rights and interests of many consumers". This kind of enumeration and generalization provision has two main meanings: First, acts that pollute the environment and infringe on the legitimate rights and interests of many consumers can only be brought on the basis of safeguarding the public interest when they harm the public interest.

If there is a direct request for protection of individual interests for acts that pollute the environment or infringe upon the legitimate rights and interests of consumers, it does not fall within the scope of public interest litigation under this article, but belongs to ordinary civil litigation, i.e., private interest litigation. The core of the public interest lies in the public nature, which involves the interests of an unspecified majority. Although a representative action involves a large number of parties, the victim can be sure that the purpose of the action is to protect his personal interests and therefore it is still a private interest action.

Second, the cases that can be brought for civil public interest litigation include, but are not limited to, "pollution and pollution" and "infringement of the legitimate rights and interests of many consumers", and the scope of application of public interest litigation can be steadily expanded according to the development of practice. In view of the fact that civil public interest litigation is still in the initial implementation stage, the current scope of application should be temporarily limited to two types of situations: polluting the environment and infringing on the legitimate rights and interests of many consumers.

I. Requirements for Accepting Civil Public Interest Litigation Cases.

To determine the conditions for accepting public interest litigation cases, it is first necessary to accurately grasp the positioning of civil public interest litigation. Civil public interest litigation is a judicial act and should be distinguished from administrative acts. It is inappropriate for the people's courts to accept matters within the scope of administrative authority, and the parties may apply to the relevant organs for resolution.

When an administrative organ initiates a civil public interest lawsuit, the People's Court of the People's Law Chain should review whether it has exhausted the administrative law enforcement measures provided for by laws and regulations, and if the administrative organ can also use the exercise of administrative power to sanction illegal conduct and safeguard the public interest, the people's court should not accept it. Second, public interest litigation under the Civil Procedure Law is a civil litigation and should be distinguished from administrative litigation. A lawsuit initiated by a party due to the inaction of an administrative organ or dissatisfaction with its handling decision is an administrative lawsuit, and the people's court cannot accept it as a civil lawsuit.

The procuratorate has promulgated the "Implementation Measures for the People's Procuratorate's Pilot Work on Initiating Public Interest Litigation", which provides detailed provisions on the scope and jurisdiction of civil public interest litigation, and may file a civil public interest lawsuit with the people's court for acts that harm the public interest, such as environmental pollution or infringement of the lawful rights and interests of many consumers in the field of food and drug safety, if there is no qualified entity or the qualified entity does not file a lawsuit.

1. The scope of civil public interest litigation.

In the performance of their duties, people's procuratorates may initiate civil public interest litigation in the people's courts when they discover conduct that harms the public interest, such as environmental pollution or infringement of the lawful rights and interests of many consumers in the field of food and drug safety, where there is no qualified entity or the qualified entity does not initiate litigation. The people's procuratorate's performance of duties includes the investigation of crimes abusing public office, the approval or decision of arrest, the review for prosecution, the prosecution of accusations, and the supervision of litigation.

Where any level of local people's procuratorate finds that a first-instance judgment or ruling of the people's court at the same level that has not taken effect is truly in error, it shall submit a procuratorial counter-appeal to the people's court at the level above. All levels of local people's procuratorate shall submit a written counter-appeal through the original people's court for a first-instance judgment or ruling of a people's court at the same level that has not yet taken effect, and send a copy of the counter-appeal to the people's procuratorate at the level above. Where a higher level People's Procuratorate finds that a prosecutorial counter-appeal is improper, it may withdraw the prosecutorial counter-appeal to the people's court at the same level and notify the lower level People's Procuratorate.

In second-instance cases where the people's procuratorate raises a prosecutorial counter-appeal, or in an appeal case where the people's court decides to hear**, the people's procuratorate at the same level shall appoint personnel to attend the second-instance trial court.

2. Jurisdiction over civil public interest litigation.

In cases where people's procuratorates initiate civil public interest litigation, the people's procuratorate of the city (sub-prefecture) where the infringement occurred, the result of the harm, or the defendant's domicile generally has jurisdiction. Where a people's procuratorate with jurisdiction is unable to exercise jurisdiction due to special reasons, the people's procuratorate at the level above shall designate the people's procuratorate of another pilot area in that region to have jurisdiction.

When a higher level People's Procuratorate finds it truly necessary, it may handle a case within the jurisdiction of a lower level People's Procuratorate. Where a lower level People's Procuratorate finds that it is necessary for a higher level People's Procuratorate to handle it, it may report to the higher level People's Procuratorate for handling. Where a people's procuratorate with jurisdiction finds it necessary to transfer a civil public interest litigation case within its jurisdiction to a lower level people's procuratorate for handling, it shall report to the people's procuratorate at the level above for approval.

Therefore, civil public interest litigation can be filed in the people's court for acts that harm the public interest, such as polluting the environment or infringing on the legitimate rights and interests of many consumers in the field of food and drug safety, if there is no qualified entity or the qualified entity does not file a lawsuit.