Study Of Economic And Public Interest Litigation

Traditional law of civil action is to protect the right of private law by force of the procedure of private law, so the content and system of law of civil action do not completely adapt to the economic relationship in relation to national interests and socioeconomic order governed and protected by economic law. Due to this, economic law should have its own specific procedural law, lawsuit principles and system in order to protect the specific economic relationship governed by economic law. Accompanying with the yielding of economic law, then economic public interest litigation also emerges.In current theory, many people deny the economic public interest litigation, but I think commend or denial are all not the most important, the key is, in the economic living, it really exist a great deal of irregular action , which impinge the national interests and social public interest, but they are not deserve publishment because of the lack of juristic supervisement. I sure,in a law society, in the face of unjust,unlegal things, any people with social liability, all should have the right of settling the problems by procedure of law. Only take the people's interest into realist, can be safeguarded just like other civil rights, could people really care the protection of public interest. Then it needs the building of economic public interest litigationEconomic 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 modem 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 tothe relative legislations and practice in USA, UK, Germany and France etc, using 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.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, UK and India etc 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, the three action models have defects in public interest litigation in China now. We have set a basic frame of modern lawsuit mechanism which is supported by criminal, civil and administration. While with the development of society and the complication of economic life, in the economic law frame emerged for meeting the requirements of modern market economy, some economic law disputes relating to social public interests are appeared and can not be settled by these three present lawsuit system, which results in the demands of developing, changing of existing lawsuit system and even creating special lawsuit system. This Part analyzes the defects of three lawsuit system in maintaining the economic public interest respectively.Part Four, considering the construction of Chinese economic public interest litigation system. Firstly, this part demonstrates the feasibility of establishing economic public interest litigation system from the theory, realism and law basing on establishing the system, which concludes the justness and rationality of the existence of economic public interest litigationsystem. Then, the truth of desiderating economic public interest litigation system in China will be put forward. Last, several key problems about constructing economic public interest litigation system in China, such as the problems of plaintiff qualification, legal obligation and legal sanction etc, will be analyzed and explained, which hopes that these issues will help the establishment and improvement of economic public interest litigation system in China.