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Rules for handling public interest litigation
Article 55 of the Civil Procedure Law of People's Republic of China (PRC), the organs and relevant organizations prescribed by law may bring a lawsuit to the people's court for acts that pollute the environment, infringe upon the legitimate rights and interests of many consumers and harm the public interests.
Judicial Interpretation of People's Republic of China (PRC) Civil Procedure Law
Article 284 The people's court shall accept the public interest litigation brought by the organs and relevant organizations stipulated in the Environmental Protection Law, the Consumer Rights Protection Law and other laws against environmental pollution and infringement of the legitimate rights and interests of many consumers in accordance with the provisions of Article 55 of the Civil Procedure Law. If the following conditions are met: (2) there are specific claims; (3) There is preliminary evidence that the public interest has been harmed; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 285 A public interest litigation case shall be under the jurisdiction of the Intermediate People's Court in the place where the infringement is committed or where the defendant is domiciled, except as otherwise provided by laws and judicial interpretations. A public interest lawsuit brought for pollution of the marine environment shall be under the jurisdiction of the maritime court of the place where the pollution occurred, the place where the damage resulted or the place where anti-pollution measures were taken. Where a public interest lawsuit is filed with two or more people's courts for the same infringement, it shall be under the jurisdiction of the people's court that first filed the case, and shall be designated by the people's court at a higher level if necessary.
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