On Judicial Procedure Of Economic Law

The foundation and development of economic law embodies the tendency and the legal requirement of modern market economy, and it also declares publicly the advancement of legal culture. Taking the rational cooperation between state and market as its starting point and controlling object, economic law establishes a basic legal order of economic intervention by state. Just as the proverb goes: Application is the life of law. Procedure is not only a most important aspect in applying economic law, but also a fundamental channel of the function release and the value realization of economic law. Based on the importance of procedure to law, the procedural problem of economic law should be the significant content in basic theory research and practice of economic law. However, present researches mostly concentrate on the economic action and Economic Judicial Court of People's Republic of China, the systematic studies on procedural problem of economic law are absent. With the purpose of systematical research on economic procedure, beginning with the regularity of economic law's production and evolution in china and western countries, on the basis of properly defining the substantive essence of economic law, joining the feature that economic law takes the control of state economic actions as its key content, the author probes into the specific procedural problem of substantive economic law and the necessity and possibility of economic law to be suitable for action. In the article, the author demonstrates the importance of procedural control on state macroeconomic regulation, the inevitability of removing judicial examination of state macroeconomic regulation, and the independence of economic action in china. In the end, the author probes into concretely the constitution of economic action and future development of Chinese economic judicial system.