On The Framework Of China's Economic Public Interest Litigation

The law proverb said"No relief, no right", which reveals the important principle in the society of law, that is no right can be gained without the judicial relied. Therefore, the judicial system that presents the relief of right and the practice of law are essential to any law. As for our economic law, it has long been influenced by the opinion that"the substantive law overwhelms the procedural law", that the independent procedural system corresponding to which are tardy to be established, which cause the embarrassment that we have right but no judicial relief in real world. As an independent law department, the economic law makes the economic relationship that takes on itself the state intervention and public interest as its adjusting object. Once the relationship been invaded, there are dual consequence ,not only violating the civil right of specific civil body, but also the social public interest. However, because of our present procedural system's defective function in protecting the public interest, many unlawful economic cases escape from trial in real world, most of which concern the interest of the state and the whole society, as well as the people. The nature of those cases are not of civil nor administrative, they're typical unlawful economic cases of economic suit, which, according to the traditional judicial opinion and system, can hardly be resolved by means of judicial relief, and leave huge vacuum in the social system to resolve disputes that the state interest and public interest gain no effective legal protection, while the economical public interest litigation can exactly make up this gap. So we should establish independent economical public interest litigation system to protect the carrying out of economic law and make up the gap in the resolvement of dispute dominated by three traditional legal systems. This article starts from the concept, character and history of the economic public interest litigation, and then makes analysis of the validity of the establishment, and points out the real obstacles and the corresponding measures to deal with it. The key point is the choosing of access and the design of system of building the economic public interest litigation. In the end, is the rational introspection of the cancel and retention of the economic trial court.