(Case No. 174 of the Guiding Case of the Supreme People's Procuratorate)
Keywords
Internet services for minors, Support for filing a lawsuit, Administrative public interest litigation, Social governance
Key Point
When the litigant seek the procuratorial organs for support for filing the lawsuit, after a civil lawsuit caused by disputes over high-value minors' online consumption without the consent of their parents or other guardians, the procuratorial organs should adhere to the requirements of special and prioritized protection for minors. If necessary, the procuratorial organs may support the filing of the lawsuit in accordance with the law. The procuratorial organs should, in conjunction with case handling, comprehensively utilize supervision methods such as procuratorial recommendations on social governance and pre-litigation procuratorial recommendations for administrative public interest litigations, to urge and promote network service providers and relevant administrative authorities to refine the implementation of responsibilities for the protection of minors on the internet.
Relevant Provisions
Article 145 and 157 of the Civil Code of the People's Republic of China (implemented in 2021).
Article 15 of the Civil Procedure Law of the People's Republic of China (amended in 2021).
Article 66, 74, 75, 78, and 106 of the Law of the People's Republic of China on the Protection of Minors (amended in 2020).
