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Recent developments in marine environmental public interest litigation in China raise questions about the procedure and operation of the procuratorial organ – a body that can support public interest aspects of litigation. This article examines the legal basis of public interest litigation in both a civil and criminal context. It considers the practice of other States, including the United States, as a point of comparison. A key issue is to determine the meaning of public interest, and how this relates to national or social interests, since this will influence the work of procuratorial organs. [ABSTRACT FROM AUTHOR]