Case Concerning Administrative Public Interest Litigation for Urging the Protection of Lumicang Granary by the People's Procuratorate of Dongcheng District in Beijing Municipality, and Beijing Military Procuratorate of the People]s Liberation Army
(SPP Guiding Case No. 231)
Key words
Administrative public interest litigation; Cultural relics protection within military camp areas; Restoration obligations; Military-civil prosecutorial cooperation
Summary
In circumstances where immovable cultural relics within military camp areas have suffered serious damage or face a significant risk of damage, the military procuratorates shall, in accordance with the law, urge the relevant military cultural relics authorities to fulfill their protection duties and supervise the entities using the relics to perform their restoration and maintenance responsibilities. Where guidance or assistance from local administrative organs is genuinely required, the military procuratorates may transfer relevant clues to local procuratorates. The local people's procuratorates shall, together with the military procuratorates, urge both local administrative organs and military cultural relics authorities to perform their supervisory and administrative responsibilities for cultural relics protection in accordance with the law.
Relevant provisions
Articles 8 (2) and (3), 21 (1) and (2), and 26 of the Law of the People's Republic of China on Cultural Relics Protection (Rev. 2017), (now Articles 9 (1) and (2), 32 (1) (2) and (6), and 38 (2) in the Rev. 2024)
Article 25 (4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 12 of the Regulations for the Implementation of the Law of the People's Republic of China on Cultural Relics Protection (Rev. 2017)
Articles 13, 67, and 75 of the Rules for the Handling of Public Interest Litigation Cases by People's Procuratorates (effective since 2021)
Articles 5 (2) (3) and (4), and 14 of the Measures of Beijing Municipality for the Protection of the Historical and Cultural Landmark of Beijing (effective since 2021)
Article 3 (2) of the Implementation Opinions of the People's Government of Beijing Municipality on Further Strengthening the Work for Cultural Relics (effective since 2017)
