On Litigation Possibility And Realization Of Economic Law

It is the important philosophy of the modern constitutionality that where there is right, there is relief. The law is the most fundamental means to guarantee people's rights in modern society, so be Economic Law. And how Economic Law ensure the rights of economic law to imply the relief of the Economic Rights comes to one point that means how to realize the problem of actionability on Economic Law. However , there is plenty of handicaps to realize the actionability of Economic Law,and some core issues have to be solved as following: the actionability of Economic Law , defects endurance in Economic Law, the features of actionability of Economic Law and the maturity of legislative provisions and the options of systems in Economic Law. This article will discuss these issues.The whole text is divided into four sections . The first section analyses the basic principles of litigation. There are little dissertations on law's litigation in neither Chinese law or foreign one in the academic field. So it is essential to get series of acquaintents on law's litigation, which will help solve the related issues on economic law's actionability. In this section,law's litigation is analysed and defined in detail, the close contact between law's litigation and actionability of Economic Law is analysed , and the significance of law's litigation is analysed as well .The second section analyses general principles of actionability of Economic Law, based on legal theory in chapter one . It is much easier to analyse the meaning of actionability of Economic Law ,owing to law's litigation has been acquainted .This section starts with actionable basic meaning of Economic Law , discusses the importance of actionability of Economic Law, and focuses on theoretical and practical foundations that support actionability of Economic Law.The third section focuses on present situation introduce of the law's litigation with plenty of phenomenon in Economic Law exposed, which summaries the defects of law's litigation. Present status of law's litigation is lack of litigation. Disputes cannot be integrated in legal procedure, which makes the right of Economic Law out of relief .Consequently, the causes for defects existing in Economic Law are analysed in this section. Imperfect relative theory and legislative provisions cause these status .Meantime ,there is no appropriate litigation system to settle Economic Law disputes and relief the right. The forth section is the most significant part of the paper , which is both the core and the theme that demonstrates how to realise law's litigation. To achieve economic law's litigation, it is not only necessary to improve the basic property of the economic lawfrom the theoretical and legislative authorities , but the most fundamental to build a set of models of litigation system in line with characteristics of the economic law litigation . Aiming to realize litigation of Economic Law ,this section focuses on the analysis of the characteristics of economic law , as well as legislation requiring. And a breakthrough is conducted in system construction by using constitutional model of "economical lawsuit " to realize litigation of Economic Law .Generally speaking, the research on Economic Law's litigation if of a great deal of significance. The perfection and realization of Economic Law's litigation demand innovations from legislation and system. This paper would make efforts to get more beneficial ideas on Economic Law''s litigation .