On Economic Administrative Litigation In Market-regulating

The traditional type of state metaphorically called night-watch transformed itself into a new type acting like a housekeeper in late 19th century and early 20th century . With the expanded power of state to interfere with social and economic affairs , economic law , a new legal branch , came into being . During the course of the emergence and development of economic law , highly independent and concentrated power was granted to economic law enforcement agencies, especially, those in charge of antimonopoly and antidumping. Some government organs even made a breakthrough in the traditional political system of power separation and consequently gathered together legislative , administrative and judicial power . However , just as the proverb goes , all who own power tend to abuse it, which is an experience unchanged from time immemorial , and people possessing power use it only to stop where the limits are set . Faced with so expanded power of economic administration , people realized the need of regulations . Therefore , economic administrative law , which checks the power of economic administration , emerged . The law reaches its goal by way of procedural and judicial regulations . Study on economic administrative litigation has become the order of the day in economic jurisprudential circle . Economize administrative litigetum , though rich in content, has not been clearly defined so far . Written undo the circumstance of China's accession to WTO , this paper holds that the type of economic administrative litigation badly needed in China is one containing antimonopoly and anti-dumping administrative litigation . These two kinds of litigation will provide legal support for Chinese enterprises to cope with the complex situation of competition . Meanwhile , it meets the need of China's entry into WTO and conforms to China's strategy of ruling country bylaw and building a socialist country rule of law . However , systematic and integral studies are still rare in jurisprudential circle today , and retaled achiuements are still unsystematic and disorganized . Therefore , it is of great significance to have a study on economic administrative litigation .