On The System Of Economic Public Interest Litigation

The purpose of traditional civil procedure law is to protecting civil rights with civil procedure, thereby both the contents and rules of civil procedure law are not capable of the economic legal relationship which is regulated by economical law. Thus it is necessary to build a set of procedural principle and regulations so as to protect the economic legal relationship . Accordingly the economic public interest litigation present itself with the emergence of economic law .Both the argumentations of consent and discontent about the institution of economic public interest litigation are flooded in the academic realm. The author considers that it is not the crucial thing to argue on the necessity of the institution, and various lawbreaking economic behavior which infringe to public interests sustaining no risk of punishment because of the short of concerning legislation .Anyone who takes social responsibility has the right to take legal action to claim a remedy when his rights is infringed .The public interests can be protected only when it change to be practical as civil rights ,and the public will cares about the public interests . Therefore we must establish the regulations of economic public interest litigation .Economic public interest litigation refers to litigious activities prosecuting to people's court which investigates the legal liability of lawbreakers who have the action of violating the law of economic management, national interests and social public interest according to government legal department, social organizations and natural person stipulated by the law of country, and authorization by laws and regulations. The system of economic public interest litigation came into being in the late 19 century, the same time with the emerging of modern economic law, and its specific mark is to pass Sherman Antitrust Act in USA Congress in 1890. Many countries in the world universally have constituted and developed their own system of economic public interest litigation. In China, we still have not established the system of economic public interest litigation. The thesis is trying to analyze the necessity and feasibility of the construction of economic public interest litigation in China by referring to the relative legislations and practice in USA, UK, Germany and France etc, by the methods of comparison, and from the point of economic jurisprudence; at last we conclude that in China economic public interest litigation should be established basing on the situation of China, and also some key problems are pertinently put forward during the construction of economic public interest litigation system.Preface and conclusion included, there are still four parts in the thesis.Part One, the outline of economic public interest litigation system. Mainly the definition and characteristics of the system are explained, and the historical origins of the system are surveyed and then the main characteristics of the system are summarized. About the concept of economic public interest litigation, I refer to the citizens, specific social groups and state agencies that are authorized under state law, prosecute for violations of economic interests of the public. The core of the concept is public interest. As to features of the economic public interest litigation,It is a new proceedings compared with the traditional civil litigation, it has the following characteristics : 1. The plaintiff eligible is extensive, any interested organizations and individuals who is not directly involved with the case have become the plaintiffs of a public interest litigation, it is the most important feature of economic interest litigation that they prosecute violators behalf of the state. 2.The economic public interest litigation has the content and characteristics of the economic law. The economic interest litigation is on the basis of economic law as the substantive law, based on the consensus reached by nature, involved in the socio-economic welfare and national intervention , which constitute the essential features of economic public interest litigation.3.As to conditions which the public interest litigation filed, it could be offense that has been caused damage to the public interest.As yet there may be damage, but there is the possibility of harm. Part Two, the study of economic public interest litigation system by comparison. Firstly, the relative legislative models of economic public interest litigation system in countries such as USA and UK, belonging to Anglo-American law system and countries such as Germany and France etc belonging to continental law system are surveyed. Then, the economic public interest litigation system is compared between Anglo-American law system and continental law system. Last, the economic public interest litigation system featured the Chinese characteristic should be established by learning the models of two law systems on the basis of Chinese situation.Part Three, describes the typical application of the economic public interest litigation.About the case of economic public interest litigation in, referring to foreign experience, in light of China's actual situation, several types of litigation can be initially set : the loss of state-ownedassets, environmental pollution, the anti-monopoly,violations of the rights of consumers. Recently, the word of modern litigation is very popular, but the meaning is not very clear. As modern litigation is mentioned, people immediately think of environmental protection lawsuits, the loss of state assets litigation,consumer protection litigation etc constitutes an important component part of the modern public interest litigation. At present, there are a large number of cases of loss of state assets,destruction of the environment and consumer rights of the cases could not be effectively protection by law. It is the reason that we have no economic public interest litigation system or the implementation of effective protection of economic law. Therefore, we should establish economic public interest litigation system in order to protect against violations of the public interest.Part Four, shows the specific concept for the establishment of our economic public interest litigation system from the four aspects. Economic public interest litigation system in China's legislation has not yet been established, but in practice, there are such cases, Therefore, the establishment of the system has been put on the agenda. For the establishment of the system, we should learn from the model legislation, one is the model of the law of the land, the other is the model of the law of English and American. About the establishment of China's economic public Interest Litigation system,I propose the following advices : 1. we must conform to the needs of the situation and relax the plaintiff eligible. The theory of direct interest person in our procedural constraints the plaintiffs eligible, we should relax the qualification of plaintiff so that everyone has the right to protect the public interest. 2.It is necessary to establish economic interest litigation with the economic court, so that the economic disputes can be resolved effectively. 3. It is necessary to establish economic interest litigation cost security system to protect the economic interest litigation filed citizens initiative.4. The establishment of a plaintiff's reversal of the burden of proof is important to protect the legitimate interests of the plaintiff significance.