Public Interest Economic Litigation: Construction Of Litigation System For Economic Law

The Substantive Law has inseparable intrinsic connections with the Procedural Law inherently. It is an old and everlasting legal theme, and it is a trend and mainstream in the law study that we must pay attention to the procedural law study now and in the future. Nevertheless, one of the lessons of the Economic Law theory_which we must learn from the past is that we are putting too much emphasis on the Substantive Law study while ignoring the Procedural Law study. As a phenomenon of a new type of the Substantive Law, the Economic Law which breaks through the traditional law branch is sure to have some requirements on the Procedural Law. If we don't have the support of the Procedural Law, the implement effect will be greatly lessened. The study on the Economic Law Litigation will strengthen the base of the Economic Law Substantive study, modify and perfect some traditional theories of the Economic Law, confirm the scientific nature of the Economic Law concepts, regulated objects, ideas, values, principles and systems of the "National Regulating Theory". In practice, this research can make the new type of economical conflicts of the market regulation, national investment management, and macro-control get judicial procedure support, overcome and make up the subsistent and inherent defects in resolving the economic law conflicts in traditional litigations.There are altogether six chapters in this dissertation. The Economic Law Litigation--the theory and system of the Public Interest Economic Litigation are widely, comprehensively, and systemically demonstrated.In the first chapter, the general knowledge of litigation system has been reviewed briefly. The litigation system is an unceasing improving result of its development and there is no unchanging litigation form. New litigation types are emerging continuously due to the social and economic development and changement. The Public Interest Economic Litigation is a typical one. It reviews and judges the old economic litigation theory, and at the same time holds the view that the Economic Law Litigation theory, the Public Interest Economic Litigation theory and Individual Economic Litigation theory are quite reasonable. But there are problems about the past researches to some extent and need some further rectification to combine and sublimate the reasonable parts organically. It analyses the inherent system defects of current litigation system in ironing out dissension in economic law, and reflects the, serious misfit emerged in the past economy trial practice, and it also presents the very necessity to establish the Public Interest Economic Litigation theory and system which strictly conform to the substantive spirit, principle, tenet, and system of the Economic Law.In the second chapter, on the basis of analysis the litigation, especially from the basic principle of the Public Interest Litigation, the connotation of the Public Interest Economic Litigation is presented. It is a judicial activity that any organizations and citizens can sue against those actions which violate the economic law and infringe the national and social economic interests according to the authorization of the Economic Law. It is a judicial activity attended by the parties and other litigants and presided by professional judges, questing for the violator's legal obligation according to the legal procedures of the court. The main characters of the Public Interest Economic Litigation such as the objective litigation attribute, the multi-subject in litigation, the specialization of the litigation regulation and the integration of sanction means are analyzed. The main types of the Public Interest Economic Litigation are abstracted, combined with the "THREE THREE THEORY" which including: Anti-monopoly Public Interest Litigation, Customer Public Interest Litigation, Government Procurement Public Interest Litigation, Taxpayer Litigation, the Public Interest Litigation which protects state assets and Macro-control Public Interest Litigation etc. It compares and analyses the relationships between the Public Interest Economic Litigation and civil actions, criminal actions and administrative litigation.In the third chapter, the author demonstrates the reasons for the individual existence of the Public Interest Economic Litigation from the discussion of the relationships between the Substantive Law and the-Procedural Law,, the correspondence of the Economic Law and the Public Interest Economic Litigation, the democracy and constitutional government in economy, the basic requirements of the initiative judicature and the judicable character of the Economic Law and so on. The procedure frame is usually designed and consisted by the requirements of application Substantive Law and realization of substantive justice to implement the Substantive Law via each case in Litigation. The conflicts within the different qualities and characteristics endow the litigation with different individual features to adapt to the requirement of resolving conflicts, which can go beyond the common rules in logic and manner in all kinds of litigation, deciding the individual values of each kind of litigation. The Public Interest Economic Litigation is a unique judicial procedure which carries out the Economic Law.In Chapter Four, the author demonstrates the innovation of the Public Interest Economic Litigation theory system from the point of the purpose and principle, parties qualification theory, lawsuit rights theory, the interest of litigation theory, onus probandi theory etc. These are necessary requirements of the Economic Law to the litigation theory, and it is also an important sign that the Public Economic Interest Litigation differs from other traditional litigation. The litigation theory, with a certain abstract quality and speculative quality, is relative to litigation system, and has a certain guiding significance to the design and operation of a specific system. A series of organic litigation theories form a certain kind of litigation theory system. The particular litigation type has its particular litigation theory system, and it's also a basic sign which distinguishes from other litigation, with no exception of the Public Interest Economic Litigation.In Chapter Five, the author demonstrates the innovation of the Public Interest Economic Litigation System from the discussion of the plaintiff system, the triable case range system, the domination system, the litigation charge system, the prompting and restricting system, the judgment organization and procedure system. If the specific procedure system design deviates from the object of substantive value, the procedure itself then will lose the value and significance of its existence. The construction of the Public Economic Interest Litigation System should always keep high conformity with the substantive requirements of Economic Law. The qualification of the plaintiff of the Public Economic Interest Litigation is quite extensive: any individuals, social organizations and nation specialized departments are capable. The range of the triable cases of the Public Interest Economic Litigation, to a certain extent can respond to the modulating objects of Economic Law, specifically including: the conflicts of the economic law in the market regulations, the conflicts of the economic law in the macro-control, the conflicts of the economic law in the national investing management. Simultaneously, the Public Economic Interest Litigation also has particularity in the domination system, litigation charge system, prompting and restricting system, judgment organization and procedure system.In Chapter Six, the dissertation comes to a conclusion that the Public Economic Interest Litigation is a particular judiciary procedure in the Economy Law. A series of Economy Law dissensions are sure to come into being during the process of the nation's regulation of the economy, and most kinds of dissensions are concerned with the whole interests of the society and the people, with a nature difference with civil dispute and administration dispute. It can not or is hard to solve the problem by the means of the judicial redressing according to traditional litigation ideas and system, so a rather big vacuum realm in the social mechanism in resolving disputes appears, which makes the social and public economy interests, can not be protected effectively. However, the Public Economic Interest Litigation can make up the defects and becomes an effective judiciary system that can resolve the dissensions.