The Scope of Cases Accepted and the Boundary of Litigation Rights of Procuratorial Public Interest Litigation for Minors in China
Article 106 of the Law of the People's Republic of China on the Protection of Minors revised for the second time in 2020 clearly endows procuratorial organs with the right to sue in public interest litigation for minors,aiming to build a dual-track protection pattern of private and public interest litigation for minors,and provide institutional guarantees for the protection and long-term development of the public interests of minors.In judicial practice,the scope of cases accepted in procuratorial public interest litigation for minors should be reasonably defined,and the relevant connotations of"the public interests of minors"and"damaged public interests"should be accurately understood.All realistic and developmental interests related to minors'"body,mind,emotion,will,and aspiration"should be defined as the interests of minors to maximize the protection of the legitimate rights and interests of minors.The boundary of litigation rights in procuratorial public interest litigation for minors should be reasonably grasped.We should not only actively perform legal supervision duties based on safeguarding social public interests,but also grasp the boundaries of duties and prevent blind expansion of litigation rights.When the public interests of minors are damaged,they should actively perform their duties of filing lawsuits.When the interests of minors can be safeguarded by administrative means,procuratorial organs should supervise and urge relevant organs to perform their duties.When the legitimate rights and interests of minors are violated but public interests are not involved,procuratorial organs should perform their duties of urging and supporting the filing of lawsuits.
minorsprocuratorial public interest litigationpublic interestscope of cases acceptedboundary of litigation rights
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