On Judicial Relief Pattern For The Right Of Economic Law

Judicial relief pattern for the right of economic law is the basis as well as the key to the realization of litigatibilty of economic law. In order to establish a pattern catering to objective requirement, this article, based on the theory of primary legal relation abstracted from real interest's phenomenon and integrated with the history of procedural law, reveals three rules of proceedings development. On the basis of the theory of three rules, the author reasons and constructs judicial relief pattern for current economic rights ,namely, separation of the three families. Its main points are: two possible injures may happen when interests regulated by economic law conflicts with each other, that is, individual interests and social interests. Regarding to this, five judicial remedies may be used, civil litigation,administrative litigation,civil litigation for commonweal,administrative litigation for commonweal and criminal proceedings. For the reason of reality, civil litigation for commonweal,administrative litigation for commonweal, which should exist as independent horizontal litigation for commonweal and "longitudinal litigation for commonweal, now are only affiliating display of civil litigation and administrative litigation. So they are only special procedures of civil litigation and administrative litigation. Therefore, judicial relief procedures for economic rights are comprehensively regulated by civil litigation, administrative litigation and criminal proceedings.