Traditional Culture Encyclopedia - Traditional stories - Public interest litigation 4+5 field content
Public interest litigation 4+5 field content
The judicial interpretation was formulated in accordance with the provisions of the Civil Code. The main contents are as follows: The field of "infringing on the name, portrait, reputation and honor of heroic martyrs" has been added to the scope of accepting civil public interest litigation by procuratorial organs, and according to the characteristics of cases in this field, on the basis of pre-litigation announcement, pre-litigation performance methods such as consulting close relatives of heroic martyrs have been added.
Legal basis:
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Public Interest Litigation Cases
Article 1 In order to correctly apply the provisions of the Civil Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China on the system of public interest litigation initiated by people's procuratorates, this interpretation is formulated in combination with the actual trial and procuratorial work.
Article 2 The main tasks of the people's courts and people's procuratorates in handling public interest litigation cases are to give full play to the functions of judicial trial and legal supervision, safeguard the legal authority of the Constitution, safeguard social fairness and justice, safeguard national interests and social public interests, urge eligible subjects to exercise their public interest litigation rights according to law, and promote administration according to law and strict law enforcement.
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