The Avail Of Private Enforcer In Economic Law’s Implementation

Economic law is the product of legal socialization and expansion ofgovernmental authority. Compared with the tradition legal department，infringementunder economic law have significant differences, such as the difficulty to determinethe content of legal interests infringed、 many victims, infringement from alldiverse、complex mechanism of action, the difficult to accurately account the damage.The nature of infringement decides the enforcement approach of choice. Thentraditional law enforcement system show the less-representative of public enforcer、the absence of relevant interest group、lack of deterrence, which result in thedilemma severe enforcement ineffective and huge enforcement demand. Closelyassociated with the operation of the public authority, economic law is implemented bythe public sector with monopoly, and on the trace of “public law implemented bygovernment” of the tradition of Continental Legal System, the shackles is difficult tobe reversed in short order, which both highlights the changes in the way of lawenforcement to enhance arduous nature and urgency of law enforcement deterrent.In view of social standard of economic law, this paper attempts to analyse thecharacter of infraction from the act of violation to provision of economic law and thelimit of law enforcement style only by government. In this way, the reason of plightof implement appears. This paper also discuss four kind of avail of privateenforcement containing incentive、 deterrence、 rectification and supplement togovernment enforcement、improving legal self-enforcing mechanism in perspective ofenforcement of law. This paper figure out that public participation is the approach towipe out from the plight of implement.This paper deems that law is not such rule of conduct implemented only bygovernment, private person should and can play important role as enforcer. In thefield of economic law, private enforcer have the advantage of supervisory control andmore incentive in view of their interest. Building up a comprehensive enforcementsystem of law including both private enforcer and public enforcer, especially absorbing the excellence of private enforcement of law in largest, can better protectthe public interest and better make the ask of deterrence come into being. This paperargues that in the area of economic law the legalization program of privateenforcement should contrive through procedure path.The private enforcement systemis a three-dimensional organic unity which containing the carrier basing on lawenforcement procedures、the rights content deriving from procedure、the aim forachieving right-relieve.