关于建立经济法诉讼制度的几个问题

研究经济法诉讼问题不是为了构筑独立的经济法诉讼制度,更不是为了丰富经济法作为独立部门法的理论依据,而是为了适应当今世界司法救济宪法化、国际化、社会化特征的客观要求,探寻经济法上权利司法救济和经济法纠纷司法解决的实施机制.作为社会化的产物,经济法诉讼在很大程度上表现为公益诉讼,但仍然包含了大量的私益诉讼.

A few issues on litigation of economic law

This paper probes into the litigation of economic law. The purpose is not to establish a separate litigation system, nor to seek more theoretic supports in an attempt to make it an independent body of law. Rather, the research, conducted in response to an increasing worldwide need for us to seek judicial remedies from constitutional, social and international perspectives as well as the traditional ones, aims to probe the judicial remedies for the infringed rights under economic law and the legal solutions to lawsuits. The litigation procedures related to economic law are generally based on existing litigation procedures supplemented by some specific litigation rules and proceedings. As a product of socialization of law, litigations of economic law to a large degree are public interest litigations, with private interest litigations in it.