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Economics Law and Policy
Article . 2025 . Peer-reviewed
License: CC BY
Data sources: Crossref
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On Public Interest in Public Interest Litigation

Authors: Shengnan Zhou; Guoxin Li; Chenghan Guan;

On Public Interest in Public Interest Litigation

Abstract

In 2017, China officially adopted the amendments to Article 55 of the Civil Procedure Law and Article 25 of the Administrative Procedure Law, establishing an empowering norm for public interest litigation initiated by procuratorial organs at the level of substantive law. This move addressed the long-standing institutional framework deficiencies (Li, X., 2024, pp. 169-177) in China’s procuratorial public interest litigation. However, due to its late start and the diversification of the concept of “public interest”, the law still follows a design approach that combines “specific enumeration + catch-all clause” (Li, X., 2024, pp. 169-177), failing to provide a precise definition of the scope of “public interest”. Instead, it limits the cases in which procuratorial organs can initiate public interest litigation through traditional typological enumeration. The traditional typological approach has inherent flaws, such as incompleteness and inadequacy, making it unable to address the challenges in defining practical interests. To address this, a revised typological approach could be adopted to exclude situations that do not fall under public interest, thereby reducing the uncertainty surrounding the concept of public interest and providing intellectual support for improving relevant legislation and guiding judicial practice.

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold