Research On Litigation System Of Public Interest In Economy

With the rapid development of market economy, there have been more and more legalviolations as the infringement of public interest. Due to the specialty of the economic violation andthe limits of traditional procedure law, this kind of infringement cannot be properly and legallyremedied. Therefore it has been an urgency to create a new litigation system to bring the legal endof economy infringement mentioned previously, and this is the theme of research in this thesis. Itappears that the litigation of economic public interest has been considered the emerging litigationas one kind of public interest litigation. This litigation system has presented more than qualifyingthe plaintiff traditionally and enables all the citizens in society to prosecute the infringement ofeconomic public interest. The independent existence of litigation of economic public interest hasendowed this kind of legal system something special and it has been held by special structure ofsystem. And the establishment of this system as the legal protection of economic legal behavior isextremely important to keep the behavior of individuals in market on the track of law. This thesishas been planned to be divided into four parts. The first part is to research on the definition oflitigation of economic public interest and the necessity of its existence. The second part is topresent the theory of public interest litigation rights and the theory of legal responsibility ineconomic law as the analysis of theoretical structure of system of economic public interestlitigation. The third part is to design the systemic structure of economic public interest litigation onthe basis of the creation of plaintiff–qualifying theory. Simultaneously in this part, it should bementioned that this kind of litigation is applicable to the certain kind of cases and the design ofencouragement of the punishment as a way to maintain this litigation should be highlighted. Thefourth part of this thesis is to demonstrate how to put the theory of economic public interestlitigation into practice. Additionally in this part, it is required to present necessary steps of makingeconomic public interest litigation legal by legislation and the steps of establishing court to dealwith the cases applicable to economic public interest litigation as the implementing this litigation.The system of economic public interest litigation could make up the disadvantages ofsuability in economic law and improve the judicial system in China. At the same time, theestablishment of this system means a lot to maintain the justice of public interest and provides the conditions to achieve the goal of endowing the democracy to the citizens in this nation. Theeconomic public interest litigation has showed the tendency of the development of our society andit could contribute to establish the law-based ruling in our country.