VZCZCXRO8852
RR RUEHCN RUEHGH
DE RUEHGH #0066/01 0460220
ZNR UUUUU ZZH
R 150220Z FEB 08
FM AMCONSUL SHANGHAI
TO RUEHC/SECSTATE WASHDC 6696
INFO RUEHSH/AMCONSUL SHENYANG 1121
RUEHHK/AMCONSUL HONG KONG 1255
RUEHIN/AIT TAIPEI 0934
RUEAEPA/EPA WASHINGTON DC
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUEHGH/AMCONSUL SHANGHAI 7231
RUEHBJ/AMEMBASSY BEIJING 1721
RUEHCN/AMCONSUL CHENGDU 1123
RUEHGZ/AMCONSUL GUANGZHOU 1094

UNCLAS SECTION 01 OF 02 SHANGHAI 000066 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/CM AND DRL/PHD 
EPA FOR ROGER MARTELLA 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PINR KJUS SENV CH
SUBJECT: PUBLIC INTEREST LITIGATION RESEARCH PROJECT 
 
 
(U) Sensitive but unclassified.  Not for dissemination outside 
USG channels; not for Internet distribution. 
 
¶1.  (SBU) Summary: In an effort to find ways to amend the 
Administrative Litigation Law, China's Ministry of Justice (MOJ) 
has tasked Suzhou University School of Law Professor Huang 
Xuexian to conduct research on public interest litigation. 
Public interest litigation occurs when an individual sues the 
government on behalf of the public.  Currently, courts are 
reluctant to accept suits by individuals against the government 
unless the individual is directly harmed by the government's 
actions.  According to a few local lawyers and judges in Suzhou, 
strengthening public interest litigation would curb government 
excesses, increase judicial authority and encourage local people 
to be more active in fighting for their rights.  Professor Huang 
will finish his research in December 2009 and is eager to have 
more cooperation and exchanges with U.S. interlocutors on this 
issue.  End Summary. 
 
Public Interest Litigation 
-------------------------- 
 
¶2.  (SBU) On January 22, ConGen Shanghai Rule of Law Coordinator 
(ROLC) met with Suzhou University School of Law Professor Huang 
Xuexian.  Professor Huang reported that the Ministry of Justice 
(MOJ) recently tasked him to carry out a research program on 
public interest litigation.  The MOJ is planning to amend the 
Administrative Litigation Law in the next 5 years and has begun 
to task academics with research projects to help the Ministry 
prepare amendments to the law.  Huang's public interest 
litigation project is one of the projects sponsored by the MOJ 
and will influence whether the MOJ will include provisions in 
the new law on this issue.  Public interest litigation refers to 
cases for which any person or organization can submit a lawsuit 
in the public interest of the society and country.   Huang said 
currently courts in China do not accept most public interest 
litigation cases due to lack of laws governing these types of 
cases.  For example, if a person sues the local Environmental 
Protection Bureau for not taking action against a factory 
polluting a local river, the local court usually would not 
accept the case because there is no direct evidence that the 
pollution is harmful to the specific plaintiff.  In general, 
this has prevented NGOs and lawyers from utilizing public 
interest litigation to push for changes.  However, as awareness 
of environmental protection and civil rights increases, many 
Chinese citizens have begun to call for more public interest 
litigation. 
 
¶3.   (SBU) According to Professor Huang, his research project 
should be completed before December 2009 and result in a book on 
public interest litigation to be published at that time.  Huang 
is now in the stage of information collecting and is interested 
in the experiences of the United States, Japan and Taiwan on 
public interest litigation.  Although Huang's research is still 
in a preliminary stage, he believes that a good public interest 
litigation system will curb government excesses and inspire the 
public to become more active in fighting for its rights.  Huang 
added that he has gathered a strong team including law 
professors, students and lawyers in Suzhou to participate in the 
project. 
 
¶4.  (SBU) ROLC offered to help Huang with his research by 
connecting him to U.S. experts and providing him information on 
how to use the Consulate Public Affairs Section's Information 
Resource Center.  Huang was very pleased with the offer and said 
currently he had few connections with international NGOs or U.S. 
legal organizations.  He believes that engaging with U.S. NGOs 
on the U.S. experience and comparable legal system on this issue 
would greatly be of great benefit to his research. 
 
Suzhou Judges and Lawyers Optimistic About the Future of Public 
Interest Litigation 
--------------------------------------------- ------------------ 
 
¶5.  (SBU) In early February, ROLC discussed public interest 
litigation with lawyers and judges in Suzhou.  Most were quite 
optimistic about public interest litigation in China.  Suwu Law 
Firm partner Wang Kewen stressed the importance of public 
interest litigation and called it a "rights enlightenment 
movement" for the common Chinese people.  Zhibang Law Firm 
Partner Gu Dasong told ROLC that he served as a lawyer on the 
 
SHANGHAI 00000066  002 OF 002 
 
 
first public interest litigation case in Jiangsu Province.  His 
client sued the Nanjing Urban Planning Bureau for issuing a 
construction permit to a company which destroyed an area that 
had a scenic view of Zhijing Mountain.  According to Gu, a good 
system of public interest litigation is crucial to the 
development of the rule of law in China.  He said the public 
interest provisions of applicable laws should be broadened to 
cover more areas like environmental protection, fighting 
state-owned monopolies, and promoting civil rights. 
 
¶6.   (SBU) Suzhou judges expressed the same opinions as 
attorneys Wang and Gu, and said they also believe that 
improvements in public interest litigation would strengthen 
judicial authority and the rule of law.  They expected that if 
the Administrative Litigation Law is amended to include explicit 
provisions on public interest litigation, more and more public 
interest litigation cases would be accepted by the courts. 
JARRETT