Case Concerning Administrative Public Interest Litigation for Urging the Protection of Yungang Grottoes by the People's Prosecutorate of Shanxi Province
(SPP Guiding Case No. 230)
Key words
Administrative public interest litigation; Cultural relics protection; Significant risk of damage; Consultation mechanism; Supervision targets
Summary
In circumstances where cultural relics and cultural heritage face a significant risk of damage, the people's procuratorates may initiate public interest litigation in accordance with the law. In handling administrative public interest litigation cases, the consultation mechanism shall be fully utilized to facilitate rectification and ensure the timely and effective protection of the public interest. Where the damage to the public interest involves the duties of multiple administrative authorities and separate supervision of individual authorities cannot provide effective protection, the people's procuratorates may, in accordance with the law, urge the local government to coordinate the performance of duties.
Relevant provisions
Articles 8 and 17 of the Law of the People's Republic of China on Cultural Relics Protection (Rev. 2017), (now Articles 9 and 28 in Rev. 2024)
Articles 11 and 20 of the Mineral Resources Law of the People's Republic of China (Rev. 2009)
Articles 4, 5, 8, 9, 10, and 22 of the Regulations on Protection of Yungang Grottoes (effective since 2018)
Article 19 of the Measures of Shanxi Province for the Implementation of the Law of the People's Republic of China on the Protection of Cultural Relics (effective since 2006)
Articles 11, 44, 67, and 70 of the Rules for the Handling of Public Interest Litigation Cases by People's Procuratorates (effective since 2021)
