论经济诉讼独立的缘由及表征

人们普遍认为经济法是一个独立的部门法，然而，经济诉讼是否为独立的诉讼类型，尚未引起广泛的关注。经济诉讼作为维护经济权利最有力最权威的司法途径，弥补了我国传统三大诉讼在排解经济冲突和处理经济违法行为方面存在的严重缺陷，变革、丰富和完善了诉与诉权的基本理念，从而对传统诉讼形式提出了挑战。经济法的独立地位和经济冲突的大量存在，为经济诉讼的产生和独立提供了逻辑前提和现实前提。从法理基础上分析，经济诉讼区别于传统三大诉讼有三个主要标志诉讼主体扩大化、制裁手段一体化和诉讼规则特别化。

On the Reasons and Features of the Independent Economic Lawsuit

It's acknowledged that Economic Law is an independent department of Law while it's not,in the sphere of learning and academiy, extensively concerned whether economic lawsuit should be regarded as one type of procedure on its own. As the most powerful and authoritative way of judicature, economic procedure, challenging the traditional procedural from profoundly, has not only made up for the severe defect in our three traditional economic violation actions, but also contributed to enrich, improve and consummate the principal theory of versus and cause of action. The independent existence of economic Law and the wideness of economic conflicts which strictly distinct from other social conflict, especially from civil conflicts, have thus represented the logic and realistic premise for the emergence and independence of economic procedure.On the basis of jurisprudential analysis, the author has drawn out some main features from the economic procedure signifying the distinction from the three traditional procedure, especially from civil procedure. That is,the expansion of procedure subject,the unification of sanction and the individualization of procedural regulation as well.