Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
Fa Shi [2020] No.20
December 29, 2020
The Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts, which was adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, is hereby promulgated, and shall come into force as of January 1, 2021.
Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
(Adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, and effective from January 1, 2021)
It was decided at the 1823rd meeting of the Judicial Committee of the Supreme People's Court in light of the needs of trial practice that 19 judicial interpretations including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts will be revised as follows:
I. Revisions to the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
1. Articles 1, 2, 13 and 18 are deleted.
2. Article 3 is revised to read:
"The people's court may, in accordance with Article 95 of the Civil Procedure Law, invite enterprises and public institutions or social organizations or other organizations, which have a special relationship with the parties concerned or have a kind of connection with the cases, and individuals, who possess the professional knowledge, and specific social experiences and have a special relationship with the parties concerned and will help to bring about the mediation, to assist in the mediation work.
The people's court may entrust the entities or individuals prescribed in the preceding paragraph to mediate the cases after obtaining the agreement of the parties concerned, and if a mediation agreement is reached, the people's court shall confirm it according to the law."
3. Article 11 is revised to read:
"Where the mediation agreement stipulates that one party provides the guarantee or any person not involved in the case consents to provide the guarantee, the people's court shall grant its approval.
If the guarantee is provided by a person not involved in the case, the people's court shall specify the guarantor in the mediation agreement drawn up by itself and deliver the mediation agreement to the guarantor. If the guarantor doesn't sign for the mediation agreement, the effect of the mediation agreement shall not be affected.
The guarantee provided by the parties concerned or any person not involved in the case will become effective if it meets the conditions set forth in the Civil Code."
4. Article 19 is revised to read:
"Where the conditions of the guarantee clauses or the assumption of civil liabilities as stipulated in the mediation agreement are accomplished and the parties concerned apply for the enforcement thereof, the people's court shall enforce it according to the law.
Where, after the party concerned who fails to perform the mediation agreement assumes civil liabilities as stipulated in the mediation agreement pursuant to the provisions of the preceding paragraph, the other party requires him to assume the liabilities for delayed performance as prescribed in Article 253 of the Civil Procedure Law, the people's court shall not support it."
5. Article 20 is revised to read:
"Where the mediation agreement stipulates the payment of specific objects, the real right and the priority of the third party already existent in the objects prior to the conclusion of the mediation agreement shall not be affected. If the third party puts forward any objection to the enforced objects during the enforcement, it shall be handled in accordance with Article 227 of the Civil Procedure Law."
6. The order of the articles shall be adjusted accordingly.
II. Revisions to the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
1. Article 68 is revised to read:
"Where there is any civil dispute between any neighborhood committee, villagers' committee or villagers' group and any other person, the neighborhood committee, villagers' committee or villagers' group with independent property shall be a party concerned."
2. Article 71 is revised to read:
"Where a plaintiff sues a principal and the agent thereof and requires them to bear joint and several liability, the principal and the agent shall be co-defendants.
Where a plaintiff sues the agent and the counterpart and requires them to bear joint and several liability, the agent and the counterpart shall be co-defendants."
3. Article 83 is revised to read:
"In litigation, the guardian of a person without capacity for civil acts or with limited capacity for civil acts is his statutory agent. Where the guardian has not been determined in advance, the persons qualified for guardianship may determine the guardian through negotiation; where they cannot reach unanimity through negotiations, a people's court shall designate a statutory agent in litigation among the persons qualified for guardianship. Where there is no guardian prescribed in Article 27 or 28 of the Civil Code, a people's court may designate a relevant organization prescribed in Article 32 of the Civil Code to act as the statutory agent in litigation."
4. Article 343 is revised to read:
"For a case involving the declaration of a person as missing or dead, a people's court may, upon the request of the applicant concerned, liquidate the property of such person whose whereabouts are unknown and designate an administrator for the property within the period of the trial of the case. Where the people's court delivers a judgment after the expiration of the public announcement period, declaring the person as missing, the people's court shall, in accordance with Article 42 of the Civil Code, designate an administrator for the property of the missing person at the same time."
5. Article 351 is revised to read:
"Any designated guardian who is dissatisfied with the designation of the neighborhood committee, villagers' committee or authority of civil affairs shall raise an objection with a people's court within 30 days from the date on which the relevant notice is received. Where the people's court deems that the designation is appropriate upon hearing, the people's court shall dismiss the objection; where the designation is not appropriate, the people's court shall cancel the designation and designate another guardian at the same time. The judgment shall be served on the person raising an objection, the entity that originally made the designation and the guardian designated in the judgment.
Where a party concerned directly applies to a people's court for designation of a guardian in accordance with Paragraph 1 of Article 31 of the Civil Code, the people's court shall hear the case in accordance with the special procedures, and designate the guardian in the judgment. The judgment shall be served on the applicant and the guardian designated in the judgment."
6. Article 352 is revised to read:
"As for a case concerning the application for identification of a citizen without capacity for civil acts or with limited capacity for civil acts, where the respondent does not have a close relative, a people's court may designate any individual or organization that is approved by the neighborhood committee, villagers' committee or authority of civil affairs at the domicile of the recipient and is willing to act as the agent to act as the agent thereof.
Where there is no agent specified in the preceding paragraph, the neighborhood committee, villagers' committee or authority of civil affairs at the domicile of the respondent shall work as the agent thereof.
The agent may be one person, or two persons in the same order."
7. Article 365 is revised to read:
"According to Article 392 of the Civil Code, where the secured claims involve both collateral and guarantor, and the parties concerned agree upon the order of realization of real rights for security, but the application for realization of real rights for security runs counter to the said agreement, a people's court shall not accept the application; where there is no such agreement or the agreement is unclear, the people's court shall accept the application."
8. Article 470 is revised to read:
"Where security for enforcement is provided to the people's court under Article 231 of the Civil Procedure Law, the enforcee or others may provide property security, or another person may alternatively provide security. The surety shall have the ability to perform or be liable for compensation on behalf of others.
Where another person provides security for enforcement, it shall issue a guarantee to the court, and deliver a copy of the guarantee to the applicant. Where the enforcee or others provide property security, the corresponding formalities shall be handled by reference to the relevant provisions of the Civil Code."
III. Revisions to the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Procuratorial Public Interest Lawsuits
1. Article 1 is revised to read:
"These Interpretations are formulated in consideration of judicial and procuratorial practices to precisely apply the provisions on filing public interest lawsuits by people's procuratorates as set out in the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China."
2. Article 7 is revised to read:
"Where the people's court tries a public interest lawsuit of the first instance filed by the people's procuratorate, the people's jury system shall apply."
3. Article 13 is revised to read:
"Where the people's procuratorate plans to file a public interest lawsuit, as it finds when it performs its duties that there exists behavior that impairs public interests, such as damage to the protection of the eco-environment and resources, infringements of the legal rights and interests of a large group of consumers in the food and drug field and infringements of names, portraits, reputations and the honor of heroes or martyrs, it shall make an announcement for this purpose in accordance with the law for 30 days.
Where the organs and related organizations specified in the law or close relatives of heroes or martyrs do not file a lawsuit upon expiry of the announcement period, the people's procuratorate may bring a prosecution to the people's court.
The people's procuratorate, when handling civil lawsuits for public benefits against infringements of names, portraits, reputations and the honor of heroes or martyrs, may also directly seek comments from the close relatives of such heroes or martyrs."
4. Article 14 is revised to read:
"To file a civil lawsuit for public benefit, the people's procuratorate shall submit the following materials:
1. indictment for the civil lawsuit filed for public benefit, and several copies thereof according to the number of defendants;
2. preliminary evidential materials proving that the defendant's behavior has harmed public interests; and
3. evidential materials proving that the announcement procedures have been fulfilled and comments have been sought from the close relatives of heroes or martyrs."
5. Article 20 is revised to read:
"When the people's procuratorate brings a public criminal prosecution against a party with criminal behavior that impairs public interests, such as damage to the protection of the eco-environment and resources, infringements of the legal rights and interests of a large number of consumers in the food and drug field and infringements of names, portraits, reputations and the honor of heroes or martyrs, it may bring an incidental civil lawsuit for public benefit at the same time, which will be heard by the same group of judicial officers of the people's court.
The criminal prosecution and the incidental civil lawsuit for public benefit filed by the people's procuratorate shall fall under the jurisdiction of the people's court in charge of trying the criminal part."
6. Article 22 is revised to read:
"To bring an administrative lawsuit for public benefit, the people's procuratorate shall submit the following materials:
1. indictment for the administrative lawsuit for public benefit, and several copies thereof depending on the number of defendants;
2. evidential materials proving that the defendant's illegal performance of its duties or failure to perform its duties has led to harm to the national interests or public interests; and
3. evidential materials proving that the pre-trial procedures have been fulfilled but the administrative organ concerned stills refuses to perform its duties in accordance with the law or make corrections."
7. Article 25 is revised to read:
"The people's court shall rule on administrative lawsuits for public benefit differently under the following circumstances:
1. where the administrative behavior at issue falls under a circumstance specified in Article 74 or Article 75 of the Administrative Procedure Law, the ruling shall identify the behavior as illegal or invalidate it, and order the administrative organ to take remedial actions at the same time;
2. where the administrative behavior at issue falls under a circumstance specified in Article 70 of the Administrative Procedure Law, the ruling shall rescind the behavior in full or in part, and may order the sued administrative organ to exercise the correct administrative behavior;
3. where the sued administrative organ fails to perform its statutory duties, the ruling shall order it to do so within the given time limit;
4. where the administrative penalty imposed by the sued administrative organ is obviously unjustified, or its other administrative behavior truly involves wrongful determination of the fine amount, the ruling shall order it to make a correction; or
5. where the administrative behavior at issue was carried out with hard evidence under the right laws or regulations through certain legal procedures, and is not beyond the administrative organ's power and is considered not obviously unjustified, and the administrative organ has not abused its power, or the argument made by the people's procuratorate to justify its claim that the sued administrative organ shall perform its statutory duties is untenable, the ruling shall dismiss the procuratorate's claim.
The people's court may inform the people's government, to which the sued administrative organ is affiliated, or other related functional departments of the ruling."
IV. Revisions to the Interpretations of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Environment-related Civil Public Interest Lawsuits
1. The introduction is revised to read:
"The Interpretations are formulated in accordance with the Civil Code of the People's Republic of China (the 'Civil Code'), the Environmental Protection Law of the People's Republic of China (the 'Environmental Protection Law'), the Civil Procedure Law of the People's Republic of China (the 'Civil Procedure Law') and other relevant laws and in combination with judicial practice in order to correctly hear environment-related civil public interest lawsuits."
2. Article 2 is revised to read:
"Social organizations, foundations and social service agencies registered with the civil administrative departments of the people's governments at the city (divided into districts) level or above in accordance with laws and regulations can be identified as the social organizations prescribed in Article 58 of the Environmental Protection Law."
3. Article 9 is revised to read:
"If a people's court deems that the claims proposed by the plaintiff are insufficient to protect the social public interests, the court may explain the modification to the plaintiff or add the claims including the cessation of infringement, restoration of the ecological environment and others."
4. Article 11 is revised to read:
"Prosecuting organs, departments responsible for supervision and management of environmental protection, and other organs, social organizations, enterprises and public institutions may support social organizations in the filing of environment-related civil public interest lawsuits in accordance with the law by providing legal advice, submitting written opinions, assisting the investigation and collection of evidence and other ways in accordance with Article 15 of the Civil Procedure Law."
5.
......
Fa Shi [2020] No.20
December 29, 2020
The Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts, which was adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, is hereby promulgated, and shall come into force as of January 1, 2021.
Decision of the Supreme People's Court on Revising 19 Judicial Interpretations on Civil Action Cases Including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
(Adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, and effective from January 1, 2021)
It was decided at the 1823rd meeting of the Judicial Committee of the Supreme People's Court in light of the needs of trial practice that 19 judicial interpretations including the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts will be revised as follows:
I. Revisions to the Provisions of the Supreme People's Court on Several Issues concerning Civil Mediation in the People's Courts
1. Articles 1, 2, 13 and 18 are deleted.
2. Article 3 is revised to read:
"The people's court may, in accordance with Article 95 of the Civil Procedure Law, invite enterprises and public institutions or social organizations or other organizations, which have a special relationship with the parties concerned or have a kind of connection with the cases, and individuals, who possess the professional knowledge, and specific social experiences and have a special relationship with the parties concerned and will help to bring about the mediation, to assist in the mediation work.
The people's court may entrust the entities or individuals prescribed in the preceding paragraph to mediate the cases after obtaining the agreement of the parties concerned, and if a mediation agreement is reached, the people's court shall confirm it according to the law."
3. Article 11 is revised to read:
"Where the mediation agreement stipulates that one party provides the guarantee or any person not involved in the case consents to provide the guarantee, the people's court shall grant its approval.
If the guarantee is provided by a person not involved in the case, the people's court shall specify the guarantor in the mediation agreement drawn up by itself and deliver the mediation agreement to the guarantor. If the guarantor doesn't sign for the mediation agreement, the effect of the mediation agreement shall not be affected.
The guarantee provided by the parties concerned or any person not involved in the case will become effective if it meets the conditions set forth in the Civil Code."
4. Article 19 is revised to read:
"Where the conditions of the guarantee clauses or the assumption of civil liabilities as stipulated in the mediation agreement are accomplished and the parties concerned apply for the enforcement thereof, the people's court shall enforce it according to the law.
Where, after the party concerned who fails to perform the mediation agreement assumes civil liabilities as stipulated in the mediation agreement pursuant to the provisions of the preceding paragraph, the other party requires him to assume the liabilities for delayed performance as prescribed in Article 253 of the Civil Procedure Law, the people's court shall not support it."
5. Article 20 is revised to read:
"Where the mediation agreement stipulates the payment of specific objects, the real right and the priority of the third party already existent in the objects prior to the conclusion of the mediation agreement shall not be affected. If the third party puts forward any objection to the enforced objects during the enforcement, it shall be handled in accordance with Article 227 of the Civil Procedure Law."
6. The order of the articles shall be adjusted accordingly.
II. Revisions to the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
1. Article 68 is revised to read:
"Where there is any civil dispute between any neighborhood committee, villagers' committee or villagers' group and any other person, the neighborhood committee, villagers' committee or villagers' group with independent property shall be a party concerned."
2. Article 71 is revised to read:
"Where a plaintiff sues a principal and the agent thereof and requires them to bear joint and several liability, the principal and the agent shall be co-defendants.
Where a plaintiff sues the agent and the counterpart and requires them to bear joint and several liability, the agent and the counterpart shall be co-defendants."
3. Article 83 is revised to read:
"In litigation, the guardian of a person without capacity for civil acts or with limited capacity for civil acts is his statutory agent. Where the guardian has not been determined in advance, the persons qualified for guardianship may determine the guardian through negotiation; where they cannot reach unanimity through negotiations, a people's court shall designate a statutory agent in litigation among the persons qualified for guardianship. Where there is no guardian prescribed in Article 27 or 28 of the Civil Code, a people's court may designate a relevant organization prescribed in Article 32 of the Civil Code to act as the statutory agent in litigation."
4. Article 343 is revised to read:
"For a case involving the declaration of a person as missing or dead, a people's court may, upon the request of the applicant concerned, liquidate the property of such person whose whereabouts are unknown and designate an administrator for the property within the period of the trial of the case. Where the people's court delivers a judgment after the expiration of the public announcement period, declaring the person as missing, the people's court shall, in accordance with Article 42 of the Civil Code, designate an administrator for the property of the missing person at the same time."
5. Article 351 is revised to read:
"Any designated guardian who is dissatisfied with the designation of the neighborhood committee, villagers' committee or authority of civil affairs shall raise an objection with a people's court within 30 days from the date on which the relevant notice is received. Where the people's court deems that the designation is appropriate upon hearing, the people's court shall dismiss the objection; where the designation is not appropriate, the people's court shall cancel the designation and designate another guardian at the same time. The judgment shall be served on the person raising an objection, the entity that originally made the designation and the guardian designated in the judgment.
Where a party concerned directly applies to a people's court for designation of a guardian in accordance with Paragraph 1 of Article 31 of the Civil Code, the people's court shall hear the case in accordance with the special procedures, and designate the guardian in the judgment. The judgment shall be served on the applicant and the guardian designated in the judgment."
6. Article 352 is revised to read:
"As for a case concerning the application for identification of a citizen without capacity for civil acts or with limited capacity for civil acts, where the respondent does not have a close relative, a people's court may designate any individual or organization that is approved by the neighborhood committee, villagers' committee or authority of civil affairs at the domicile of the recipient and is willing to act as the agent to act as the agent thereof.
Where there is no agent specified in the preceding paragraph, the neighborhood committee, villagers' committee or authority of civil affairs at the domicile of the respondent shall work as the agent thereof.
The agent may be one person, or two persons in the same order."
7. Article 365 is revised to read:
"According to Article 392 of the Civil Code, where the secured claims involve both collateral and guarantor, and the parties concerned agree upon the order of realization of real rights for security, but the application for realization of real rights for security runs counter to the said agreement, a people's court shall not accept the application; where there is no such agreement or the agreement is unclear, the people's court shall accept the application."
8. Article 470 is revised to read:
"Where security for enforcement is provided to the people's court under Article 231 of the Civil Procedure Law, the enforcee or others may provide property security, or another person may alternatively provide security. The surety shall have the ability to perform or be liable for compensation on behalf of others.
Where another person provides security for enforcement, it shall issue a guarantee to the court, and deliver a copy of the guarantee to the applicant. Where the enforcee or others provide property security, the corresponding formalities shall be handled by reference to the relevant provisions of the Civil Code."
III. Revisions to the Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Procuratorial Public Interest Lawsuits
1. Article 1 is revised to read:
"These Interpretations are formulated in consideration of judicial and procuratorial practices to precisely apply the provisions on filing public interest lawsuits by people's procuratorates as set out in the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China."
2. Article 7 is revised to read:
"Where the people's court tries a public interest lawsuit of the first instance filed by the people's procuratorate, the people's jury system shall apply."
3. Article 13 is revised to read:
"Where the people's procuratorate plans to file a public interest lawsuit, as it finds when it performs its duties that there exists behavior that impairs public interests, such as damage to the protection of the eco-environment and resources, infringements of the legal rights and interests of a large group of consumers in the food and drug field and infringements of names, portraits, reputations and the honor of heroes or martyrs, it shall make an announcement for this purpose in accordance with the law for 30 days.
Where the organs and related organizations specified in the law or close relatives of heroes or martyrs do not file a lawsuit upon expiry of the announcement period, the people's procuratorate may bring a prosecution to the people's court.
The people's procuratorate, when handling civil lawsuits for public benefits against infringements of names, portraits, reputations and the honor of heroes or martyrs, may also directly seek comments from the close relatives of such heroes or martyrs."
4. Article 14 is revised to read:
"To file a civil lawsuit for public benefit, the people's procuratorate shall submit the following materials:
1. indictment for the civil lawsuit filed for public benefit, and several copies thereof according to the number of defendants;
2. preliminary evidential materials proving that the defendant's behavior has harmed public interests; and
3. evidential materials proving that the announcement procedures have been fulfilled and comments have been sought from the close relatives of heroes or martyrs."
5. Article 20 is revised to read:
"When the people's procuratorate brings a public criminal prosecution against a party with criminal behavior that impairs public interests, such as damage to the protection of the eco-environment and resources, infringements of the legal rights and interests of a large number of consumers in the food and drug field and infringements of names, portraits, reputations and the honor of heroes or martyrs, it may bring an incidental civil lawsuit for public benefit at the same time, which will be heard by the same group of judicial officers of the people's court.
The criminal prosecution and the incidental civil lawsuit for public benefit filed by the people's procuratorate shall fall under the jurisdiction of the people's court in charge of trying the criminal part."
6. Article 22 is revised to read:
"To bring an administrative lawsuit for public benefit, the people's procuratorate shall submit the following materials:
1. indictment for the administrative lawsuit for public benefit, and several copies thereof depending on the number of defendants;
2. evidential materials proving that the defendant's illegal performance of its duties or failure to perform its duties has led to harm to the national interests or public interests; and
3. evidential materials proving that the pre-trial procedures have been fulfilled but the administrative organ concerned stills refuses to perform its duties in accordance with the law or make corrections."
7. Article 25 is revised to read:
"The people's court shall rule on administrative lawsuits for public benefit differently under the following circumstances:
1. where the administrative behavior at issue falls under a circumstance specified in Article 74 or Article 75 of the Administrative Procedure Law, the ruling shall identify the behavior as illegal or invalidate it, and order the administrative organ to take remedial actions at the same time;
2. where the administrative behavior at issue falls under a circumstance specified in Article 70 of the Administrative Procedure Law, the ruling shall rescind the behavior in full or in part, and may order the sued administrative organ to exercise the correct administrative behavior;
3. where the sued administrative organ fails to perform its statutory duties, the ruling shall order it to do so within the given time limit;
4. where the administrative penalty imposed by the sued administrative organ is obviously unjustified, or its other administrative behavior truly involves wrongful determination of the fine amount, the ruling shall order it to make a correction; or
5. where the administrative behavior at issue was carried out with hard evidence under the right laws or regulations through certain legal procedures, and is not beyond the administrative organ's power and is considered not obviously unjustified, and the administrative organ has not abused its power, or the argument made by the people's procuratorate to justify its claim that the sued administrative organ shall perform its statutory duties is untenable, the ruling shall dismiss the procuratorate's claim.
The people's court may inform the people's government, to which the sued administrative organ is affiliated, or other related functional departments of the ruling."
IV. Revisions to the Interpretations of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Environment-related Civil Public Interest Lawsuits
1. The introduction is revised to read:
"The Interpretations are formulated in accordance with the Civil Code of the People's Republic of China (the 'Civil Code'), the Environmental Protection Law of the People's Republic of China (the 'Environmental Protection Law'), the Civil Procedure Law of the People's Republic of China (the 'Civil Procedure Law') and other relevant laws and in combination with judicial practice in order to correctly hear environment-related civil public interest lawsuits."
2. Article 2 is revised to read:
"Social organizations, foundations and social service agencies registered with the civil administrative departments of the people's governments at the city (divided into districts) level or above in accordance with laws and regulations can be identified as the social organizations prescribed in Article 58 of the Environmental Protection Law."
3. Article 9 is revised to read:
"If a people's court deems that the claims proposed by the plaintiff are insufficient to protect the social public interests, the court may explain the modification to the plaintiff or add the claims including the cessation of infringement, restoration of the ecological environment and others."
4. Article 11 is revised to read:
"Prosecuting organs, departments responsible for supervision and management of environmental protection, and other organs, social organizations, enterprises and public institutions may support social organizations in the filing of environment-related civil public interest lawsuits in accordance with the law by providing legal advice, submitting written opinions, assisting the investigation and collection of evidence and other ways in accordance with Article 15 of the Civil Procedure Law."
5.
......