Year: 2025
Type: article
Abstract: Public interest litigation (PIL) is a relatively new form of legal action in China that aims to address specific violations of the law that greatly undermine public interest in fields such as ecological environment and resource protection, food and drug safety, and cultural heritage protection etc.. However, it is observed that PILs often last for a long time (two years on average, with extreme instances spanning up to five to ten years). As a first attempt, this article examines the reasons (1) acquisition and application of evidence, (2) judicial issue, (3) tension between legislative frameworks and practical implementation, and consequences of the lengthy duration required to resolve these public interest cases. Subsequently, the article offers policy recommendations, (1) making an innovation in evidence system to establish a national digital evidence-sharing platform with automated risk alerts, (2) reforming judicial system to create specialized cross-regional procuratorial divisions and PIL courts to unify jurisdiction, and (3) formulating targeted legislation to the country to enhance the efficiency of its PIL regime.
Author: Bingquan He
Institution: Shanghai University of Political Science and Law
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411495047