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近年来在我国经济领域中,消费者权益侵害及环境公害等问题越发突出,消费者权益保护方面的公益诉讼和环境保护方面的公益诉讼制度应运而生。在立法层面,2013年新《消费者权益保护法》赋予消费者协会行使公益诉讼的权利,首次在经济法领域以法律形式肯定了构建经济公益诉讼制度的实践需要。在学理层面,该制度的创设很好地弥补理论空白并促进学理体系的完善。目前,经济法方面的公益诉讼在运行过程中尚存在一些问题,并缺乏健全的制度体系,因而需要在立法层面上对其进一步完善。文章从经济法与公益诉讼的契合性分析、经济公益诉讼制度概述、制度设计及建议等方面着手,对经济法方面的公益诉讼进行深入研究。
In recent years, in the field of economy of our country, the problems such as the infringement of consumers ’rights and interests as well as the environmental pollution have become more and more prominent. Public interest litigation in the protection of consumers’ rights and interests and public interest litigation system in environmental protection have emerged. At the legislative level, the new “Consumer Protection Law” in 2013 gives consumer associations the right to exercise public interest litigation. For the first time in the field of economic law, this law affirms the practical need to establish an economic public interest litigation system. At academic level, the establishment of this system is a good way to make up for the gaps in theory and to promote the perfection of academic system. At present, there are still some problems in the operation of public interest litigation in the economic law and the lack of a sound institutional system, so it needs to be further perfected at the legislative level. The article proceeds from the analysis of the fit between economic law and public interest lawsuit, the outline of economic public interest lawsuit system, the system design and the suggestion, and then conducts an in-depth study of public interest litigation in economic law.