Research On Legal Problems Of Initiation Subject Of Economic Public-welfare Lawsuit

In a long period, there is a misunderstanding in the procedural law field of our country: only those whose legal rights are violated have qualification to be plaintiff. The abuse of the concept is that it closes the door to remedy public welfare. A complete litigation system protects not only legal rights of citizens, legal persons and other organizations but also that of the country and public interest. The lack of public-welfare lawsuit system is a serious defect of the litigation system of our country. Economic Law has been branded the signal of social law since it arose, and it corresponds to public-welfare lawsuit. A series of economic disputes will necessarily appear in the process that a country coordinates economical operation, and most of these disputes get involved in the interests of the whole society and the interests of a large number of people. Its nature is different from civil disputes and administrative disputes. According to the traditional litigation concept and juridical system, it is hard to resolve these disputes through the mode of judicial remedy, thus social public economic interests can not be protected efficiently. Economic public-welfare lawsuit can exactly makes up the defect, and it shall be a kind of efficient judicial system to resolve such disputes.The most important characteristic of economic public-welfare lawsuit is that any organization or individual may sue economic illegal behaviors to court to protect economic benefit of the country and maintain social economic order instead of the country according to legislative rights. The theory of breaking through the traditional qualification of plaintiff is recognized by both judicial circles and academic circles, but there are still many disputes in qualification of initiation subject of economic public-welfare lawsuit. The thesis starts from definition and characteristics of economic public-welfare lawsuit, and it analyzes relevant basic definitions deeply. It elaborates how to enlarge the scale of the subject of economic public-welfare lawsuit and relevant legal basis. The analysis is mainly from the angle of proper party's qualification and the angle of litigious right, and the analysis has laid a solid theoretical basis for the research of the legal problems on enlarging the scale of subject of economic public-welfare lawsuit and relevant specific procedures. Through analyzing and learning systems and practices on Initiation Subject of Economic Public-Welfare Lawsuit of Anglo-American law system and continental law system, the thesis puts forward the economic public-welfare lawsuit system that adapts to basic conditions of our country. According to present conditions of our country, it is suggested that specific state organs, social associations and citizens are entitled to be initiation subject of economic public-welfare lawsuit. Finally, the writer puts forward her own suggestions and assumptions to establish the imputation principle of inversing evidence responsibility, to establish litigation cost guarantee system, to clarify the scope of res judicata and to establish the system of preventing bad actions, etc.