Case Concerning Administrative Public Interest Litigation for Urging the Protection of Hongjue Temple by the People's Procuratorate of Chengzhong District of Xining City in Qinghai Province
(SPP Guiding Case No. 229)
Key words
Administrative public interest litigation; Cultural relics protection; Restoration obligations; Promoting the utilization of cultural relics' value
Summary
In circumstances where immovable cultural relics suffer severe damage or face a significant risk of damage, thereby harming the public interest, the people's procuratorates shall urge cultural relics administrative authorities to fully perform their statutory duties of supervision and administration over cultural relics protection, and shall urge and guide the users of the cultural relics to fulfil their protection obligations. Where the users of the cultural relics lack the capacity to undertake necessary restoration, the people's procuratorates may recommend that the local government provide assistance to carry out such restoration in accordance with the law, and cooperate in promoting the utilization of the cultural relics' value.
Relevant provisions
Articles 8, 9, and 21 of the Law of the People's Republic of China on Cultural Relics Protection (Rev. 2017)(now Articles 9, 10, 11, 12, 32 in Rev. 2024)
Article 25 (4) of the Administrative Procedure Law of the People's Republic of China (Rev.2017)
Article 21 (1) 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 (effective since 2021)
