反垄断公益诉讼制度初探

On the Litigation System of Anti-monopoly in Public-Interest Actions

传统诉讼法理论将原告资格限制在申诉人须与本案有直接利害关系,对于社会经济安全等社会公益,公民被认为不具有直接利害关系,其原告资格不被承认。反垄断公益诉讼制度的出现,既是诉讼法对其自身只顾及保护私人利益的狭隘性的突破,也是对传统诉讼法律制度的超越。本文对反垄断公益诉讼制度的特征、理论基础及我国建立反垄断公益诉讼制度的现实依据等问题进行探讨。

According to the traditional litigation rules, the qualification of a plaintiff is admitted only when his individual interest is directly involved in a dispute, and will be totally declined when he is considered not directly involved in such cases as that of public interest. The newly formulated litigation system of anti-monopoly in public interests is in fact an important breakthrough in extending the legal protection of individual interests. It is also a superiority over the old system. This paper will cover the following topics concerning the new system: its characteristics; its theoretical foundations and its practical basis.