On May 7, 2021, the 24th lecture of "Weibo Law Lecture Hall" and the 122nd lecture of Luojia Environmental Law Forum, was held at the Law School. This lecture was given by Prof. Bian Jianlin of China University of Political Science and Law, President of the Chinese Society of Criminal Procedure Law, the topic is“Study on the Criminal Incidental Civil Public Interest Litigation”.

This forum was hosted by Prof. Qin Qianhong of Wuhan University Law School, with the participation of Deputy Procurator General Jin Xin of Hubei Provincial People's Procuratorate, Director of the Research Office Li Shijun, Deputy Director of the Eighth Supervision Department Gao Dan, Prof. Chen Lan of Wuhan University Law School, Prof. Gao Lihong of Zhongnan University of Economics and Law, Prof. Qin Tianbao, Director of the WHU Environmental Law Institute, Prof. Chen Haisong and Associate Professor Li Guangbing.

Prof. Qin Qianhong first gave a brief introduction to Prof. Bian's work and research experience, and expressed his gratitude to Prof. Bian for being invited to give the lecture.

At the beginning of the lecture, Prof. Bian first thanked Prof. Qin Tianbao for the invitation and congratulated Wuhan University's Institute of Environmental Law for its outstanding achievements over the past 40 years. Prof. Bian then introduced several typical cases, summarised the characteristics and types of public interest litigation in China, and pointed out the necessity and importance of criminal incidental civil public interest litigation.

Prof. Bian analysed the policy and legal basis of criminal incidental civil public interest litigation. He pointed out that, at present, the main source of law for criminal incidental civil public interest litigation is the relevant judicial interpretation of the Supreme People's Court and the Supreme People's Procuratorate, while the emergence of the Civil Code has provided the substantive law basis for civil public interest litigation.

Prof. Bian then analysed the institutional value of criminal incidental civil public interest litigation. He argued that, from the perspective of the purpose, criminal incidental civil public interest litigation should give equal importance to combating criminal offences and compensating and repairing ecological and environmental damage; From the procedural point of view, criminal incidental civil public interest litigation can help improve the efficiency of handling cases and save judicial resources.

Then, Prof. Bian discussed some difficult theoretical issues in criminal incidental civil public interest litigation. He argued that the nature of civil public interest litigation is essentially civil, but that the basic principles and systems of criminal procedure law should be applied. He pointed out that civil litigation is essentially a civil lawsuit between equals, and the status of the procuratorial authorities cannot be superior.

Finally, Prof. Bian shared his views on the issues of pre-litigation notice, trial subjects, scope of trial and the extension of procuratorial functions in criminal incidental civil public interest litigation. He pointed out that, as China's Criminal Procedure Law has not yet made clear provisions for civil public interest litigation incidental to criminal proceedings, there are still many issues that deserve systematic exploration.

Subsequently, Prof. Chen Lan, Prof. Gao Lihong and Prof. Qin Tianbao had a discussion. Prof. Chen said that China's constitution lacks corresponding basis for the legal identity of procuratorial organs in criminal incidental civil public interest litigation, and called for the amendment and improvement of relevant laws in the future to comprehensively solve the problems in China's criminal incidental civil public interest litigation. Prof. Gao shared her views on the question of why criminal litigation is accompanied by civil public interest litigation. She believed that many contradictions in the procedure of criminal incidental civil public interest litigation are bound to exist, and resolving the contradictions between the two must also be prudent. Prof. Qin raised several questions on the topic, such as how to make the legal regulation keep pace with the reform, how to understand the "public interest" in public interest litigation, and so on.

Afterwards, Prof. Bian communicated with the students and faculty in attendance on issues related to criminal collateral civil public interest litigation. At the end of the lecture, Prof. Qin presented Prof. Bian with a commemorative certificate and the event ended successfully.

Edited by Yuan Yuhang & Wu Liuqing