Case Concerning Public Interest Litigation for Urging the Protection of Qinzhidao Heritage Site by the People's Procuratorate of Ordos City in Inner Mongolia Autonomous Region
(SPP Guiding Case No. 228)
Key words
Administrative public interest litigation; Civil public interest litigation; Cultural relics protection; Integrated performance of functions; Simulated restoration; Designated jurisdiction
Summary
In handling cases involving severe damage to cultural relics, the people's procuratorates shall focus on integrating their functions of criminal prosecution and public interest litigation in accordance with the law. Where an immovable cultural relic has been completely destroyed and cannot, pursuant to law, be reconstructed at its original site, the value of the damaged relic may be determined through a method of simulated restoration. A higher-level people's procuratorate may, upon consultation with the people's court at the same level, jointly designate a primary people's court and a primary people's procuratorate to handle the corresponding civil public interest litigation case.
Relevant provisions
Articles 1229 and 1235 of the Civil Code of the People's Republic of China (effective since 2021)
Articles 8, 15, 22, and 65 (1) of the Law of the People's Republic of China on Cultural Relics Protection (Rev. 2017) (now Articles 9, 26, 33, 96 in the Rev. 2024)
Article 2 of the Environmental Protection Law of the People's Republic of China (Rev. 2014)
Article 25 of the Administrative Procedure Law of the People's Republic of China (Rev. 2017）
Article 58 of the Civil Procedure Law of the People's Republic of China (Rev. 2023)
Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation (Rev. 2020)
Article 6 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Conduct of Environmental Civil Public Interest Litigations (Rev. 2020)
Articles 14, 16, 75, and 98 of the Rules for the Handling of Public Interest Litigation Cases by People's Procuratorates (Rev. 2021)
