论经济法诉讼的实体法支持

On the Sustainment of Substantive Law in Economic Law Litigation

经济法实体法不仅是经济法诉讼的裁判依据,而且应当为经济法诉讼的启动和推行提供支持,这是经济法可诉性得以实现的重要前提。经济法实体法对经济法诉讼的支持主要通过惩罚性赔偿责任制度、作为司法制裁依据的经济法责任制度和赋予公益诉讼原告实体请求权来实现。惩罚性赔偿激励私人诉讼,通过私人诉讼维护公共利益,受害人获取的惩罚性赔偿金可以理解为其维护公共利益的收益,这也是惩罚性赔偿制度存在的合理依据;司法制裁为司法机关查处经济违法行为提供了法律手段,使通过司法途径制裁经济违法行为成为可能;赋予公益诉讼原告实体请求权是公益诉讼制度得以推行的实体法保证。

It is the significant precondition of achieving the litigable possibility of Economic Law that substantive economic law is not only the judicial criterion in economic law litigation, but also supposed to provide the sustainment to the launching and advancing that litigation. This sustainment may be acquired mainly through the regime of liabilities for punitive damages, the system of responsibility in economic law as the criterion of judicial sanction, and the substantive right of claim conferred on plaintiff in public interest action. Private action, by which public interests can be safeguarded, may be encouraged by punitive damages, the rationality of which is that punitive damages for person aggrieved can be regarded as the benefit from his or her protection of public interests. Judicial sanction can offer judicial body the legal method to investigate into unlawful practice and deal with it accordingly, and make it possible to punish the economic unlawful practice through judicial settlement. And the implementation of commonweal lawsuit can get the guarantee of substantive law from conferring the substantive right of claim on plaintiff in public interest action.