Study On Economic Public Interest Litigation

This article demonstrate the important judicial practice problem from the judicial procedure of substantive law realistic economic perspective, strives to be the unity of substantial law and procedural law. And by the way, using practice from the concept of economic law, in theory, the paper introduced the law, the reality of the high-speed economic development, the economic life become the economic subject effective security. Because highly substantial law and procedural law unity. If not rational knowledge economy, the importance of the public welfare lawsuit then eventually will directly influence the realization of the economic core values; From another perspective, it deeply analyze economic public litigation system, and the economic entity research for the judicial practice lays is a solid foundation.In practice, this paper studies the economic law which allows the substantive rights getting valid litigation system protection, compensate for traditional litigation in dealing with social and economic welfare protection of defects and promote people who are actively involved in the economy for the social public interest litigation, the realization of the overall economic get benefit and try hard. Thus for the protection of economic law of economic interest groups, provide effective protection measures. Better embody the economy of public interest litigation in Chinese economic and social development program. Based on the comparison and analysis of the economy and the public welfare lawsuit of the public welfare lawsuit, this paper elaborates on the basis of establishing the economic has important realistic significance economic law and the social public interest from the concept of Chinese market economic development, encountered in the process of typical economic welfare disputes, to our economic argument establishing the importance of litigation system.This paper is divided into four chapters:The first chapter:public interest litigation and economic analysis and comparison of the public welfare lawsuit, this chapter basically analysis of the public welfare lawsuit concept, characteristic and foreign development mode which illustrate the public welfare lawsuit and economic relations between the public welfare lawsuit and further expounds the concept of economic, and characteristics and particularity of economic public interest litigation and other traditional litigation make the right divisional.In the second chapter:the theoretical of economic public interest litigation. This chapter first analyzes the economic law and the correspondence between the public welfares and then raises economic law as substantive law must have corresponding procedure as rights. Based on rights realize must have litigation system protection, the law should be given the subject of the economic law through litigation rights, the way to realize its own economic legal interests and rights being judicial system protection. Secondly, from public interest litigation is the foundation of economic Angle, expounds the concept of public interests of Chinese economic which impact the legislation to make public participation in the legislative mechanism better, creating groups as a representative of "special legislative model" two aspects to our future economic legislation mode was put forward. At last, from the perspective of public interests concept in establishing economic public litigation system feasibility, and strive to break through the traditional in protecting public interest litigation system on the incomprehensiveness and lagging economy, prove the formation of a litigation system is beneficial to the development of the social public undertakings, and construct economic law litigation system is the core value concept which is social the overall economic benefit of the most powerful guarantee.Chapter 3, establish Chinese economic public litigation system. This part from Chinese economic development, first encountered in the process of economic welfare that dispute cannot get strong economic solution, mapped the limitations of judicial practice, demonstrates establish China's economic public litigation system urgency and feasibility. In order to further understand the judicial practice in traditional litigation to address economic welfare controversial helpless, the author of the economy from several typical public dispute perspective to establish economic expounds the importance of litigation system. Secondly, the society as a whole from realizing economic law and economic profit economic entity rights protection, this paper expounds the demand side building China's economic public litigation system of urgency. The fourth chapter:litigation system, our country's economic construction. This chapter shall be under the jurisdiction of the public welfare lawsuit from economic system, litigation costs building our perspectives such as economic public litigation system, and several key problems on our country's economic construction of public interest litigation system it puts forward the idea.