Font Size: a A A

Study On Judicial Solution Mechanism Of Economic Law Dispute

Posted on:2005-12-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:1116360182469053Subject:Management Science and Engineering
Abstract/Summary:PDF Full Text Request
The study of Economic Law has had a great deal of achievement since it rose in China in 1980. But the implementary problems related to Economic Law are always neglected in this group, which makes it difficult for Economic Law to take a sufficient effect on Socialist Market Economy and restrict the further development of Economic Law. The enforcement of Economic Law includes its abidance and application, however, the application of Economic Law includes its execution and justice. This article is to study judicial solution mechanism of Economic Law Dispute that is the judicial problems of Economic Law , and which is an essential part of the enforcement study of Economic Law. It has a great significance of enriching the theory of Economic Law and providing services to practice.Economic Law Dispute happened in the field of State Regulation on economy and resulted from it. It has changed according to the development of State Regulation on economy. It is the dispute of right and obligation of Economic Law, essentially, which is the interest dispute for the reason that state regulation on economy results in resource re-collocation. It has a variety of behavioral forms. The content of dispute always touches upon the social public interest and the policy of state regulation on economy. The main body of dispute is always in inequalitystatus, or which is superficially equal but its power is in great disparity actually. This kind of dispute has common character with traditional civil dispute and administrative dispute on one hand, even which is difficult to distinguish or can not. On the other hand, it has the different traits with them. Any of disputes need be solved and any of right need be redressed. The dispute and the right of Economic Law also need seek for judicial solution and redress at the background of the constitutionalization, socialization and internationalization of them. However, as Economic Law Dispute often touches upon the public interest and public policy, the traditional jurisprudence shrivels to this kind of dispute in many cases. Therefore, Economic Law is given the impression of many illitigable regulation. Especially in China, a great deal of Economic Law Dispute is ended by administrative solution, which provides convenience for the abuse of economic regulation right in administrative department and the damage of the interest of regulated main body, and which plays down the effect of state regulation on economy. Litigable quality is the basic characteristic of Law including Economic Law. Economic Law has Litigable quality and the dispute of which need be solved through judicial way. In order to sweep the obstacle of Economic Law Dispute accessing to justice, two sides must be broken through: Firstly, sufficiently understand the extending evolvement of court's function according to expanding function of government. Modern court takes the responsibilityof the function of solving dispute and of taking part in the formed function of public policy at the same time. It cannot close the door on Economic Law Dispute related to common policy with the reason of not suiting for judge. Secondly, sufficiently understand the necessity and peculiarity of judicial protection of public interest and set up public interest litigation system.Economic Law Dispute need judicial solution, but it is not the same as setting up the absolute litigation system of Economic Law besides the traditional "Three Great Litigation". Economic Law Dispute is able to and only to solve in the frame of current litigation system. We need to set up a new comprehensive litigation mode of Economic Law, of which the important points according to hereinafter mentioned: Make use of civil and administrative litigation system to solve Economic Law Dispute. In order that civil and administrative litigation system adapt to the need of settlement of Economic Law Dispute: Firstly, amend the current common civil and administrative litigation system and make the necessary system innovation, for example, setting up class action system, small-cost action system and bring the abstract administrative behavior into judicial reexamine; Secondly, set up special civil and administrative litigation system , such as public interest litigation system and machinery litigation system and so on. Public interest litigation system should be extensively used to the solution of Economic Law Dispute and which has the purposeof realization of judicial protection of public interest and correspond to the spirit of Economic Law. Public interest litigation includes civil public interest litigation and administrative public interest litigation. It also includes state public interest litigation, group litigation and private public interest litigation according to the difference of prosecutors , all of which are able to take important effect on solving Economic Law Dispute.Judicial solution mechanism of Economic Law Dispute is a complicated system. The social elements which influence Economic Law Dispute include entity law, procedure law, parties, justice institution and others. Economic Entity Law not only is the gist of judicial solution of Economic Law Dispute but also provides the support of encouraging party's litigation; Besides the realization of the its expanding function, the court must set up some special tribunals such as anti-monopoly tribunal, small-cost tribunal and so on according to the solution of Economic Law Dispute. And it must be equipped with the professional judges according to the need of some special cases. As Economic Law Dispute often involved the dispute of different interest groups which play the most active role in the litigation, it must be paid more attention to their existence and influence and be taken necessary action accordingly. Otherwise, both supporting appeal and the accompanier of court are the elements which also influence the dispute of Economic Law.Economic Law divides into Market Control Law, State Investmentand Management Law and Macro-Regulation Law. Accordingly, the dispute and litigation of Economic Law also divides into the dispute and litigation of Market Control Law? State Investment and Management Law and Macro-Regulation Law. Through the concrete analysis of the dispute and litigation of Economic Law with typical meanings in every field, we put forward the special system of every kind of judicial solution to Economic Law Dispute on one hand and confirm the validity of judicial solution mode mentioned in this article on the other hand.
Keywords/Search Tags:Economic Law Dispute, Economic Law Litigation, Litigable Quality, Public Interest Litigation
PDF Full Text Request
Related items