经济公益诉讼的制度性障碍及其对策

与社会公共利益密切相关的经济法纠纷大量存在,而现有的行政解决机制对此又无能为力,为此,有必要建立经济公益诉讼制度。但在我国目前的法律框架下,文章认为,建立经济公益诉讼必须解决原告起诉资格于法无据、法制责任制度不完备、法院裁决权限受限制三大制度性障碍。

The System Obstacles and Countermeasures of Public Interest Litigation of Economic Law

The conflict of economic law that is related to social public interest often happens, but administrative departments don't control it completely, so it is necessary to establish public interest litigation of economic law. However, in order to establish this litigation, we must overcome three obstacles in first. These obstacles are follows:plaintiff has no suing qualification;there is no perfect responsibility system; the court has no perfect judgement power.