The Prosecutiong Filed Economic Public Interest Litigationg Research

With the study of China’s Economic Law gradually deepens, the independence of Economic Law has been recognized in the academic field. However, in a long period of time, the Economic Law’s much "criticized" justiciability problem has never been able to get an effective solution, which, to a certain extent, has shaken the foundation of Economic Law’s independent existence. Any law, if really intending to become a code of conduct regulating people’s inner world and external activities, must translate the substantive provisions into procedural litigation process. Thus, the establishment of litigation system matching its corresponding substantive law has become a research priority for everyone in the Economic Law field to tirelessly aiming for.Current China has met its best opportunity for economic development, however, some lingering worries has always being hidden behind those opportunities. In the process of rapid economic development, the loss of state-owned assets has always been difficult to eliminate; the behavior of monopoly, unfair competition which seriously disrupted the market competition order has become common practice; the phenomenon against the legitimate interests of consumers continues to repeat itself; abuse and destruction of the ecological environment resources has also turned into commonplace. These various kinds of serious economic offences in violations of national interests and public interests should and must be severely punished by law in the form of litigation.Thus, when the concept of "economic public interest litigation" enters into the horizon for the first time, we seem to see the ray of hope to solve the problem of Economic Law justiciability, to see the real-life economic offenses can finally be persecuted in the courtroom in a new form of litigation. However, before any kind of idea becomes a reality, it has to go through a tortuous exploration. In the process of economic interest litigation system construction, the first problem to be solved is to break through the shackles of traditional litigation "adversary system" theory, and in the end who should be involved in the case as filed subject in the specific proceedings. The author attempts to discuss in this article, to grant the institution qualifications to its natural representative, who stands for national interests and public interests-- the Procuratorate.This paper is divided into five chapters. The author will focus on five aspects such as the origin of the Procuratorate started economic public interest litigation theory, necessity analysis, evidence extraction, extra-territorial comparison and system formulation, etc. to discuss in the form of progressive argument. Based on in pursuit of highly identical values, meanwhile drawing on the research of advanced countries, writer believe that the economic interest litigation instituted by the Procuratorate as the subject will be the optimal choice to go from theory to practice in the form of legal proceedings. At the end of this article, writer will also combine own work experience as a prosecutor with the theoretical knowledge of Economic Law, make relevant suggestions on the procedural design of the Procuratorate initiated economic public interest litigation, in order to contribute an effort to the final construction of economic public interest litigation in our country.