试论经济诉讼法的独立构建

由于经济公益诉讼案件不能通过传统诉讼方式很好的加以解决，这在客观上产生了对经济诉讼法的需要，经济诉讼法的实质是经济公益诉讼法，经济公益诉讼不同于经济法上的诉讼。随着社会的发展和经济生活的复杂化．我国应构建经济公益诉讼法。经济公益诉讼只是各类公益诉讼中的一种，经济公益诉讼法也只是公益诉讼法中的一种。因此。我国应构建一个涵盖各类不同公益诉讼，跨越部门法的新型综合性的诉讼法——公益诉讼法，公益诉讼法作为一个整体应成为第四种诉讼程序法。

Independent Construction of the Law of Economic Procedure.

Because cases of economic public welfare can not be well resolved by traditional lawsuit, this has objectively produced the need for the law of economic procedure. The essence of the law of economic procedure is the procedure law of economic public welfare. The economic public welfare lawsuit is different from the lawsuit of economic law. Along with complication of social development and economic life, China should establish the procedure law of economic public welfare. The economic public welfare lawsuit is only one kind of the public welfare lawsuit; the procedure law of economic public welfare is also only one kind of the public welfare procedure law. Therefore, China should construct a new comprehensive procedure law, the public welfare procedure law, which covers each kind of different public welfare lawsuits and the department law. The procedure law of economic public welfare should become the fourth kind of procedure law as a whole.