论公益经济诉讼的独立

On the Independence of Public Economic Interest Litigation

公益经济诉讼的独立与经济法的可诉性密切相关,但其独立的基础在于经济法对整体经济利益的追求。因公益经济诉讼要解决的是因整体经济利益而生的冲突,其目的必然是促使整体经济利益的实现,这与现有诉讼的目的完全不同,因此,公益经济诉讼应当独立。

The independence of public economic interest litigation is relative to the justiciability of economic law indeed, but its foundation of independence lies in the whole benefit that the economic law pursues. Since the public economic interest litigation needs to solve the conflict produced in the whole benefit, its goal is inevitably to urge the realization of the whole benefit, which is completely different from the goal of the existing judicial system, therefore the public economic interest litigation should be independent.