Study on the Implementation Models of Procuratorial Public Interest Litigation

Abstract

When initiating public interest litigation, the procuratorates often face the dilemma of choosing between the model of administrative public interest litigation (APIL) and the model of civil public interest litigation (CPIL). However, only choosing either model has flaws and shortcomings. Both CPIL incidental to criminal action and that incidental to administrative action are also faced with many confusions and difficulties in concepts and implementation mechanisms. Given the direction of progress, the procuratorates should integrate the inherent institutional advantages of the model of APIL and the model of CPIL to develop an integrated model of procuratorial public interest litigation (PPIL) characterized by oneness and integrity. To this end, revising the dual legislative separation, where the Civil Procedure Law of the People's Republic of China and the Administrative Litigation Law of the People's Republic of China separately regulate public interest litigation, is necessary. Formulating a unified “Public Interest Litigation Law” or “Procuratorial Public Interest Litigation Law” to establish an integrated PPIL model has become an inevitable trend.

Keywords

procuratorial public interest litigation (PPIL) / implementation model / administrative preference / civil preference / incidental public interest litigation / oneness mode

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2024 Higher Education Press