The Supreme People's Procuratorate (SPP) has recently issued the Guidelines for People's Procuratorates in Handling Public Interest Litigation Cases on the Protection of Minors. Comprising 29 articles, the guidelines systematically stipulate key aspects in public interest litigation cases on the protection of minors, including the scope of applicable cases, sources of clues, priority areas, case-handling quality and efficiency, and application of big data, providing a clear guidance for procuratorates at all levels to carry out public interest litigation work on the protection of minors in a precise and standardized manner.
According to the guidelines, safeguarding the best interests of minors is the overriding principle in handling relevant public interest litigation cases, and plans and measures most conducive to the interests of minors shall be adopted. Where the conditions for prosecution are met, a lawsuit shall be filed in a timely manner in accordance with the law to safeguard the legitimate rights and interests of minors and public interests.
The guidelines specify that procuratorates shall give full play to the role of digital prosecution in safeguarding the legitimate rights and interests of minors and public interests. Six key areas are identified: the governance of food and drug safety involving minors; the governance of product quality and safe production of toys, utensils, game and amusement equipment, recreational facilities and other products for minors; the governance of nursery institutions, kindergartens, schools, educational and training institutions, and the areas surrounding campuses; governance of sites where minors frequently engage in activities or sites deemed unsuitable for minors; the protection of minors' personal information and online rights; and other areas that may infringe upon the legitimate rights and interests of minors and involve public interests.
Furthermore, the guidelines underline the importance of listening to minors' views by proposing that procuratorates may conduct hearings in relevant cases. In cases where criminal acts simultaneously infringe on the interests of minors and public interests, procuratorates may file an incidental civil public interest litigation alongside criminal prosecution. However, where administrative penalties or criminal proceedings are deemed adequate to protect minors' legitimate rights and interests and public interests, filing separate civil public interest lawsuits is generally not necessary, according to the guidelines.
In addition, the guidelines refine and standardize the types of litigation requests. In administrative public interest litigation, the procuratorate may request confirmation of the illegality or invalidity of an administrative act, revocation or partially revocation of an unlawful administrative act, the performance of statutory duties in accordance with the law, or the modification of an administrative act. With regard to civil public interest litigation, pursuit of punitive damages may be filed in accordance with the law to enhance the deterrent effect against illegal acts.
