Poorly performing government bodies, polluting businesses could face lawsuits

A successful pilot program allowing prosecutors to file administrative lawsuits against poorly performing government departments — based on the public interest — is expected to be rolled out nationwide.

With a view toward incorporating that principle into law, the Standing Committee of the National People’s Congress, China’s top legislative body, is discussing a draft amendment to the Administrative Procedures Law that would give procuratorates the power to sue agencies that abuse their power or fail in their duties.

The amendment encourages procuratorates to play a stronger oversight role to ensure that local authorities do their jobs in environmental protection, food and drug safety, preservation of State assets and the transfer of land rights.

A draft amendment to another statute — the Civil Procedures Law — which is advancing on a parallel track, extends the reach of prosecutors to business enterprises that harm the public interest by polluting the environment and harming drug and food safety.

Both drafts are expected to be approved during the bimonthly session of the Standing Committee, which lasts until Tuesday.

Number of cases handled in places involved in the public interest lawsuit pilot program as of May. Lawsuits were filed in 934 of the cases.

“Public interest lawsuits brought by prosecutors are good for strengthening supervision and will push government departments to fully implement the law,” Cao Jianming, procurator-general of the Supreme People’s Procuratorate, said in explaining the draft amendments to the committee.

A two-year program to test the system has been running i n 13 provincial regions, including Beijing and Guizhou province, since July 2015.