Draft law defines litigation scope, adds new areas of national concern

China is moving to enshrine its decade-old public interest litigation system into law as part of efforts to strengthen legal oversight and modernize governance.

The nation's lawmakers are reviewing a draft law on procuratorial public interest litigation, which was submitted to the ongoing session of the Standing Committee of the National People's Congress, the national legislature, for its first reading on Friday. It marks the country's first comprehensive legislation devoted to this field.

"Enhancing public interest protection is a shared mission in global governance and a key task in China's modernization," said Yang Xiaochao, chair of the NPC's Supervisory and Judicial Affairs Committee.

He described the law as a step toward "timely and effective protection of national and social interests", while telling lawmakers that the proposed legislation would help consolidate institutional gains made since the system's launch in 2015.

The six-chapter, 53-article draft defines 14 existing categories of public interest litigation and adds two new ones — cultural heritage and national defense — reflecting the system's expanding reach. It also sets out rules on jurisdiction, investigation, trial and enforcement.

The draft requires prosecutors to first urge administrative agencies to perform their duties before filing a case and prohibits coercive measures such as restricting personal freedom or freezing assets during investigations. Citizens and social organizations are encouraged to provide leads and monitor case handling.

In July 2015, the NPC Standing Committee launched a two-year pilot program across 13 provinces and municipalities to explore public interest litigation.

In 2017, amendments to the Civil Procedure Law and Administrative Procedure Law included provisions for procuratorial public interest litigation, thereby integrating the role of procuratorial agencies in public interest protection into the legal framework.

Yang noted that several individual laws have included provisions for procuratorial public interest litigation in recent years, gradually expanding its scope.

However, the existing regulations are often general and fragmented, making it difficult to fully capture the unique characteristics and procedural needs of such litigation.

"Drafting a dedicated public interest litigation law aims to consolidate the mature practices and innovative institutional achievements of the past decade, addressing practical challenges more effectively," he said.

According to the Supreme People's Procuratorate, from July 2015 to September 2025, procuratorial agencies across the country handled over 1.22 million public interest litigation cases — including 1.1 million administrative cases against government departments — and over 122,000 civil cases.

Currently, 27 provincial-level Party committees and governments across the country have issued documents in support of procuratorial public interest litigation.

Additionally, 30 provincial-level people's congress standing committees have issued special decisions to strengthen such litigation.

The SPP has also established collaborative mechanisms with over 30 administrative law enforcement agencies to actively promote positive interaction between practical exploration and theoretical research.

Contact the writers at yangzekun@chinadaily.com.cn