经济法诉讼程序论——以公益诉讼为思考路径

传统诉讼法理论将原告资格限制在申诉人须与本案有直接利害关系,对于社会经济公益,公民被认为不具有直接利害关系,其原告资格不被承认。这样,当社会经济公益遭受侵害时或有侵害之虞时,公民便无法通过司法手段来维护这一公益,这就导致我国经济法不可诉现象的大量存在。经济公益诉讼制度的出现,既是增强经济法可诉性的有效途径,也是对我国经济法独立诉讼程序的有力建构。

A Study on the Litigation Procedure of the Economic Law: Proceeding from Thoughts on Public-Welfare Lawsuit

The traditional procedures require the complainant should have direct interest in the dispute. Therefore, when the economic public interest is infringed, because individual citizens are not in direct connection with economic public interest, their qualification as the plaintiff is not admitted in legislation. Thus, a citizen may not seek judicial remedy. The appearance of public interest actions system is not only an important breakthrough to current litigation system, which is partial for protecting individuals' rights, but also an overstepping to traditional theory and system mechanism.