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The Recent Development of China’s System of Procuratorate Public Interest Litigation

June 2018

Citation: ELR 10467

Author: Cui Yu

After a two-year pilot program, the Standing Committee of the National People’s Congress formally established the Procuratorate Public Interest Litigation (PPIL) System on June 27, 2017. Since the courthouse door in China has been opened for the procuratorate to protect the public interest, the number of such cases has skyrocketed. The vastly expanded number and geographic scope of such cases demonstrates that the procuratorate plays a significant role in protecting the public interest. However, the PPIL System faces many pressing challenges that need to be addressed so that its effectiveness can be increased. This Comment investigates the expanded role of the procuratorate in public interest litigation in China from a historical perspective and details the key features of the PPIL System “on the books.” The Comment then analyzes the implementation of the PPIL System “on the ground,” and describes the features and achievements of the juridical practice as it has thus far been implemented. Next, it clarifies the urgent challenges that face the PPIL System and provides some suggestions for further implementation of the system. The Comment concludes that as long as China adopts detailed and feasible measures, the PPIL System will be a viable solution to protect the public interest.

Cui Yu is a Ph.D. candidate at the China University of Political Science and Law, and a visiting scholar at the University of California, Berkeley School of Law.

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