Discussion On The System Of Public Economic Interest Litigation

Substantive law and procedural law are dependent and action each other. In other words, the substantive law can not exist without procedural law and vice versa. Therefore, the judicial system that presents the relief of right and the practice of law are essential to any law. The economic law has become an important and independent sector law gradually since reform and opening up. 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. Follow the spirit going to embody entity law sufficiently without corresponding procedure, this one entity laws and statutes is so right away very difficult to be put into effect sufficiently, is harmful for our country legal institutions' perfect. The public economic interest litigation refers to proceedings filed in a court of law by relevant organizations and individuals according to law against illegal conducts which cause the actual or potential harm to the state or social public interest and the legal liabilities of the lawbreakers shall be investigated by the court. As the inner driving force of the economic law, the public economic interest litigation will effectively maintain the actual enforcement of the economic law. 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 resolve of dispute dominated by three traditional legal systems.This article analyses the public economic interest litigation all around from the unify of the substantive law and procedural law by the logic speculate,comparison,demonstration analysis and classify analysis. Submit several suggestions about the public economic interest litigation theory system and the public economic interest litigation system. This article is divided into four parts:The first part, the concept and characteristic about the public economic interest litigation is presented. Attempt to analyze the concept and characteristic about public lawsuit and sum up the concept and characteristic about the public economic interest litigation on this basis, and sum up main types of the public economic interest litigation: Anti-monopoly Public Interest Litigation,Consumer Public Interest Litigation,Environment Public Interest Litigation,the Public Interest Litigation which protects state assets,Government Procurement Public Interest Litigation,Macro-control Public Interest Litigation.The second part, basis for the existence of public economic interest litigation is presented. The author demonstrates the reasons for the individual existence of the public economic interest litigation from the logic basis,the theory basis and the real basic. The close relation of substantive law and procedural law, the inherent defects in resolving the economic law conflicts in traditional litigations and reality indicate the public economic interest litigation is needed.The third part, theoretical construction of public economic interest litigation is presented. The author demonstrates the innovation of the public economic interest litigation theory from the parties qualification theory,lawsuit rights theory and responsibility theory. The litigation theory, with a certain quality, has a certain guiding significance to the design and operation of a specific system.The fourth part, system construction of public economic interest litigation is presented. The author demonstrates the innovation of the public economic interest litigation system from the discussion of the plaintiff system,the judgment organization,the prompting and restricting system and the litigation charge system. The construction of the public economic interest litigation system should always keep high conformity with the substantive requirements of economic law. The qualification of the plaintiff of the public economic interest litigation is quite extensive: nation specialized departments,social organizations and individuals. The public economic interest litigation also has particularity in the judgment organization,the prompting and restricting system and the litigation charge system.Conclusion, the public economic interest litigation is assurance for economic law.