经济法责任的实现与公诉权的现代转型

经济法责任有着自己独特的形态以及责任承担方式,经济法责任的实现机制主要是行政执法机制和诉讼机制,公益诉讼符合经济法责任社会性的要求,与经济法责任的实现之间具有天然的契合性。传统公诉权在我国长期被认为专指"刑事公诉权",客观上阻却了现代公诉权的拓展。随着现代法律对国家和社会公共利益保护的加强,传统公诉权制度日显单薄和不足。因此,建构现代公诉制度不仅是公诉权在具体制度中的应用和拓展,而且更加有利于强化检察机关法律监督职能,进而更好地保护国家和社会公共利益,维护社会公平正义,有效实现经济法责任。

Realization Of Economic Law Liability And Modern Transition Of Public Prosecution Power

Economic law liability has its own unique form and bearing mode, its major realization mechanisms are administrative enforcement mechanism and litigation mechanism. Public welfare litigation meets the requirements of socialization of Economic law liability, which is naturally compatible with realization of economic law liability. Traditional public prosecution power has been considered as "criminal public prosecution power", so it has objectively blocked expansion of modern public prosecution power. As modern law strengthens protection for state interest and public interest, traditional public prosecution institution appears flimsy and insufficient day by day. Therefore constructing modern public prosecution institution is not only application and expansion of public prosecution power in concrete institution, but also further favourable to strengthening legal supervision of procuratorate, safeguarding state interest and public interest, defending social equity and justice, and effectively realizing economic law liability.