论公益诉讼制度——基于法经济学的视角

On Public Interest Litigation System——Based on the Perspective of Law and Economics

经济交往的日益频繁往往伴随着大量的社会矛盾和冲突。近年来,社会公众利益被侵害的案件数度引发众人热议,与此同时,随着《刑事诉讼法》《环境保护法》等多部法律中关于公益诉讼制度的条文的诞生,社会公众利益被侵害的案件不断进入大众视野,如何构建公益诉讼制度,更好地维护社会公众利益逐渐变成人们更加关注的事情。而法经济学在经济全球化和国际法经济学运动的影响下,已经成为一个我们无法忽视的重要学科,其理论打破了传统法学的结构,并为如何建立更加切实可行的公益诉讼制度提供了一个新的视角。文章试图从法经济学的角度来探讨我国的公益诉讼制度。

As we all know,the increasing frequency of economic exchanges is often accompanied by a large number of social contradictions and conflicts. In recent years,the number of cases in which the public interest has been inflicted has led to a hot discussion. At the same time,with the birth of the provisions of the Public Interest Litigation System,such as the Criminal Procedure Law and the Environmental Protection Law,Public interest infringement of the case continue to enter the public vision,how to build a system of public interest litigation,and better safeguard the interests of the public gradually become more people pay attention to things. The economics of economics under the influence of economic globalization and international law movement movement has been for an important discipline which we can not ignore,its theory broke the traditional legal structure,and how to establish a more practical public interest litigation system provides a New perspective. Therefore,this article will discuss China's public interest litigation system from the perspective of law and economics.