从比较法视角谈经济公益诉讼制度的构建

Research on the Construction of Economic Public Interest Litigation System from the Perspective of Comparative Law

经济公益诉讼制度作为一种突破传统诉讼理论的新型诉讼制度,在国外已取得长足发展,它具有自身所特有的内涵与特征,是一种能够彻底维护社会经济公共利益的诉讼制度。在我国,随着经济的飞速发展,侵害社会经济公共利益的经济违法问题日益凸出,经济法的独立地位及其可诉性缺陷和传统三大诉讼制度在维护社会经济公共利益方面的局限性要求必须建立经济公益诉讼制度,而我国《宪法》第2条的规定则为该制度在我国的建立提供了宪法依据。我国应从启动主体、审判组织、受案范围、动力和保障机制以及防止滥诉机制等方面构建经济公益诉讼制度。

As a new type of litigation system which breaks through the traditional litigation theory, the economic public interest litigation system has made great progress in foreign countries. This system, which includes the public interest element of litigation purpose, the broadness of litigation subject, the preventive effect of litigation function and the connotation of economic law, can fully safeguard the economic public interests. In China, with the rapid development of economy, illegal acts that infringe the economic public interests have become increasingly prominent. On the basis of the independence of economic law, it is necessary to establish an economic public interest litigation system to make up for the actionability defect of economic law and to overcome the limitation of the three traditional litigation systems in the maintenance of the economic public interests. The Article 2 of the Constitution of our country provides a constitutional basis for the establishment of this system in our country. China should construct the economic public interest litigation system from the following aspects： the starting subject, the trial organization, the scope of cases, the motivation and safeguard mechanism and the mechanism to prevent abuse.