Procuratorates succeed in public interest litigation

The civil public interest litigation system appears to be working.

The new way for procuratorates to protect the environment and resources came into effect in Shanghai in July 2017, giving procuratorates the power to represent their jurisdictions in actions against groups or individuals who may be acting against the interests of residents.

According to a report released by Shanghai procuratorate yesterday, a total of 295 civil public interest litigation cases have been put on record and investigated since the power was granted.

Among them, 148 were related to the environment or resource protection. Litigation has been instigated in eight of the 148 cases. Over 8.6 million yuan (US$1.25 million) in fines and compensation had been collected. Over 7,600 tons of illegally dumped household garbage was cleaned up.

“The system strengthened our procuratorates and enhanced cooperation between them and executive authorities,” said Lin Yiming, deputy director of Shanghai procuratorate civil administration office.

In a recent case, Xuhui District procuratorate found a dental clinic operating illegally. The clinic’s business license had expired in 2006. As the clinic had not advertised itself since then, it had not been noticed by the local authority for 12 years.

The clinic had no authorized sewage or medical waste discharge systems. Its disinfection equipment failed to meet standards. The building where the clinic was located was designated for residential use only.

On November 7, the procuratorate suggested the local executive authority stop the operations of the clinic and confiscate its facilities and profits.

In another case in Chongming District, some water authorities were found to be neglecting their duties. In August, Chongming District People’s Procuratorate presented pre-litigation suggestions to towns and villages at fault. All towns and villages involved managed to give feedback and make treatment plans by September 7.

According to a follow-up inspection, water quality in the 10 rivers concerned has since largely improved.

It is not just about the environment and resource protection. Public interest cases are being raised in food and drug safety, illegal occupations of state land and concerns over state-owned property.

Procuratorates always welcome information from citizens that helps them supervise executive authorities.