Supreme Peoples Court No. 15, provisions of the Supreme Peoples Procuratorate on certain issues concerning the handling of public interest litigation cases concerning marine natural resources and the ecological environment -LRB-adopted at the 1858th meeting of SupremerPeopleoplCourtourt 2Committeettee onDecembermber and the ninety-three th meeting of the 1SupremerPeopleoplProcuratoraterate of ProsecutorialrCommitteettee onMarcharch 2022, with effect fromMay may 2022)

 In order to handle public interest litigation cases concerning marine natural resources and ecological environment according to law, according to such legal provisions as the “Law of the Peoples Republic of China on the protection of the marine environment”, “The civil procedure of the Peoples Republic of China”, “The criminal procedure of the Peoples Republic of China”, “The law of the Peoples Republic of China on administrative procedure” and “The law of the Peoples Republic of China on special procedures in maritime litigation”, these provisions shall be formulated in the light of the actual trial and procuratorial work.

 Article 1 the present provisions shall apply to the place where the damage has occurred, the place where the damage has resulted, or the place where the precautionary measures have been taken, in the sea area provided for in Article 2, paragraph 1, of the Marine Environment Protection Law, civil Public Interest Litigation, criminal incidental civil public interest litigation and administrative public interest litigation brought for the destruction of marine ecology, marine aquatic resources and marine protected area.

 Article 2. In accordance with paragraph 2 of article eighty-nine of the marine environment protection law, if the damage to marine ecology, marine aquatic resources or marine protected area causes substantial losses to the state, the department exercising the right to supervise and administer the marine environment in accordance with the provisions of the Marine Environment Protection Law shall bring a suit for compensation for damage to marine natural resources and ecological environment against the infringer in the Maritime Court with jurisdiction. The Peoples Procuratorate may support a suit for compensation for damage to marine natural resources and the ecological environment brought by the departments concerned according to the division of functions. 

Article 3 in the performance of its duties, the Peoples Procuratorate discovers acts that destroy marine ecology, marine aquatic resources and Marine Marine Protected Area, the department exercising the right of supervision and administration of the marine environment may be informed to initiate litigation in accordance with article 2 of these provisions. If the Peoples Procuratorate brings a civil public interest lawsuit against damage to Marine Natural Resources and the ecological environment to the competent maritime court, the Maritime Court shall accept it.

    Article 4 those who are suspected of committing crimes in destroying marine ecology, marine aquatic resources and marine protected area, in the absence of a separate action for compensation for damage to marine natural resources and the ecological environment brought by the department exercising the right to supervise and administer the marine environment, the Peoples Procuratorate May, when initiating criminal public prosecution, file an incidental civil public interest lawsuit together, or it may file a civil public interest lawsuit separately. 

    Article 5 in the performance of its duties, the Peoples Procuratorate has found that the departments responsible for the supervision and administration of acts damaging marine ecology, marine aquatic resources and marine protected area have illegally exercised their powers or failed to act, where the state interest or the public interest is infringed, the procuratorial proposal shall be submitted to the relevant departments to urge them to perform their duties in accordance with the law. If the department concerned fails to perform its duties in accordance with the law, the Peoples Procuratorate shall, in accordance with the law, initiate an administrative public interest lawsuit at the Maritime Court in the place where the utive branch is located. 

  Article 6 these provisions shall come into force on May 15,2022.

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