Analysis On Western Public Interests View

Under the democratic rule,"legal system"is a text expression for the mainstream conception, which is the ideological basis of the legal system. The acceptance from the heart of the people is the fountainhead of legal efficacy. Since the spreading of Western law to the East, reference to Western legal system has become an important way of China's legal innovation. To avoid the embarrassment of non-fitting phenomenon, it is necessary to inspect specific system construction during the reference, but also analyze conception foundation of system efficacy; cultivate potential factors as society cognition, as well as establish transparent bodies such as corresponding organizations and operational regulation. To dig deeply the concept foundation of Western public interests system and provide theoretical support for more effective resolution of complex issues on China's public interests when we refer to Western system, the paper discusses the historical evolution of Western social public interests view under the guidance of historical materialism, puts the cognition of public interest in its historical background in the direction of historical analysis, comparative analysis and standard analysis, from which it macroscopically grasps main contents and era features, and analyzes the social basis of configuration and the main line of the thought of historical evolution."Western public interests view"in the paper mainly refers to that of Western Europe and North America. In the present political and economical pattern, the public interests view and system construction in the above regions is the model of law-reference or law- transplanting in many developing countries. Western public interests view faces the ongoing self-criticism, self–reaction and self-innovation continually, while it keeps inheritance and coherence, thus, with five developing phases: configuration, inheritance, transmutation, reaction and multidirection. Specifically,in ancient Greek-Roman time, Western public interest view began with three categories of public interests cognition, that is, public interests and country (government), public interests and law, public interests and individual interests. And two axiom recognitions, that is, public interests posing as ethic foundation of government establishment and laws being set for protecting public interests, laid basic tendency of Western public interests view. The Middle Ages produced its public interests view with the combination of belief and reason, which reconciled Aristotelianism and theological doctrine and kept its coherence under the disguise of theology. The West, taking Renaissance and the humanism movement as a turning point, was refrained from the manacle of theology with the help of"reactivating ancient Greek-Roman knowledge", accomplished the transformation from God to man, from moral criticism to social contract in the aspect of public interests view, and proposed the system framework of"checks and balance", which paved the way for regulating power based on public interests. Severe divergence on the relationship between the public interests and individual interests has a great impact on the debate between New liberalism and Communitarianism in the late 20th century. In 19th century, Bentham and Mill as representatives of utilitarianism, with the substitution of utilitarianism for contract and positivism for theoretical hypothesis, accelerated the transformation from metaphysical reflection to social practice, from emphasis on legal and reasonable explanation to system innovation, and set up the rule of the happiness of vast majority of people on the basis of individual unit of liberalism, which drew the foreshadowing of government intervention before the end of non-interference of government. Transformation and multidirection were the most dominant characteristics of Western public interests in the 20th century. With the transition of social mainstream of public interests, the realization method of public interests has made two important transformations, which has pushed reform of the government construction towards two different directions.The paper chooses a specific perspective of conception history to study the history of Western public interests view, including main contents and changes of Western public interests view on the basis of scholars'address and institutional system on public interests since ancient Greek- Roman time, and comes into some distinct new concepts. Firstly, criticism of Western public interests experiences the transmission from moral criticism to social contract to procedure design. Moral perspective resolves the problem of ethic judgment standard, the angle from social contract resolves the problem of power structure and that from procedure design resolves the problem of mass participation and social interaction. Secondly, Western society recognizes public interests from the perspective of government, individual and society. The functions of public interests are constructing government, balancing private rights and uniting the society. Thirdly, the realization methods of public interests transforms from the model of government-dominated or market-dominated into coexistence of market mechanism, government intervention and volunteer service. Fourthly, the paper studies configuration function of humanity presupposition on the public interests. Humanity presupposition is the logical beginning of public interests view. The good or bad tendency and the optimistic or pessimistic attitude of humanity presupposition give the directional significance of public interests view. The transmission of humanity presupposition poses as an important factor to propel reforms of public interests concept.The paper acquires the guidance of methodology from analysis of historical evolution of Western public interests view, and proposes clews of thoughts of concept clarification, mechanism promotion and watchful procedures to perfect China's public interests system. For example, China should renew humanity presupposition base of her mainstream public interests, rebuild conformation and realization mechanism of public interests to accomplish the positive interaction of the government and the mass, and grasp four cores as formation, expression, coordination, and relief to perfect procedure system of public interests.