论经济法可诉性的完善——以经济审判庭撤销为视角

Improvement of the Justiciability of Economic Law——on the View of Withdrawing of Economic Judicial Court

完善经济法诉讼制度对实现经济法的价值具有重要意义。但经济审判庭的撤销和传统诉讼制度的不足,使经济法可诉性在司法实践上陷入了盲区。经济法法律规范中亦存在大量经济法不可诉性的情形。基于此,为完善经济法的可诉性,在程序上建立经济特别程序,实体上明确规定经济诉权,建立经济法责任制度。

To perfect economic law litigation system is of great importance to realize the value of economic law. However, start a suit in economic law sometimes is difficult in practice due to the withdrawing of economic court and flaw of traditional litigation system. As well as, there are also a lot of regulations about start a suit in economic law. Therefore, to improve the justiciability of economic law, it is necessary for us to establish independent procedure in procedure law, to definitely regulate the suit right of economic law and enact system of economic legal liability.