论宏观调控行为的可诉性

国家宏观经济调控的正当性来源于两个方面:一是经济生活中的"市场失灵";二是宏观调控能够法治化。宏观调控法治化的最终标志,是司法可以也能够对宏观调控行为进行审理与裁判。认为宏观调控行为具有不可诉性的观点在理论上因有悖于法治的基本理念而不合时宜,在实践中则可能因应人治的需要而十分有害。虽然要实现宏观调控的可诉性在目前还存在许多障碍,但这并不能成为否认宏观调控可诉性的理由。通过对现行司法制度的改革,以建立"公益诉讼"为突破口,辅之以"法院之友"等手段,宏观调控的可诉性是可以实现的。

Actionability of Macroeconomic Regulation Behaviors

State's macroeconomic regulation and control is justified in two aspects:one is "market failure" in economic life;the other is that macroeconomic regulation and control can be legalized.Legalization of macroeconomic regulation is ultimately marked by the fact that the regulation and control behaviors can be judicially tried and adjudicated.In logic,the view that is opposed to the actionability of macroeconomic regulation behaviors is improper for it is contrary to the concept of rule of law.In practice,such a view is harmful for it satisfies the needs of rule by men.Lots of obstacles are to be got over where one really wants to bring an action against macroeconomic regulation behaviors,which,however,offers no excuse for opposing actionability of the macroeconomic regulation and control.In this author's opinion,the aim that macroeconomic regulation behaviors are actionable can be achieved ultimately through reforming existing judicial system and initiating commonweal litigation with amicus curiae as a supplementary means.