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公民通过诉讼直接对侵害国家利益和社会利益的行为向法院起诉由法院直接追究其法律责任的,在我国法律界和司法界却是一个崭新的话题。改革开放以来,随着我国经济体制的转型,经济法得到了很大的发展,具有了一个庞大的法律法规体系,逐渐成为一个重要的、独立的部门法。“但与经济立法快速发展形成极大反差的是,经济法作为实体法,至今仍没有自己特殊的诉讼制度。”没有相应的程序法去充分的体现实体法的精神,那么这一实体法律法规就很难得到充分的实施,不利于我国法制的健全。
Citizens directly suing the court through lawsuits directly against the courts for violations against the state and social interests is a brand new topic in the legal and judicial circles of our country. Since the reform and opening up, with the transformation of China’s economic system, economic law has made great development and has a huge legal system. It has gradually become an important and independent department law. “However, in sharp contrast with the rapid development of economic legislation, economic law as its substantive law still lacks its own special litigation system.” There is no corresponding procedural law to fully reflect the spirit of substantive law, so this substantive law and regulation It is very difficult to be fully implemented, not conducive to the soundness of our legal system.