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Balance Between Public Interests And Individual Interests In The Sight Of Jurisdiction

Posted on:2004-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2156360122465691Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The principle of public interests is a basic principle of positive law. It also is one of proper grounds in implement of law. It is necessary to emphasize and establish the law position in light of public interests. As we all know public interests are the polar in our healthy society. Because of absolute appropriate and obscure of public interests, they have been entrusted for a long time. Human being as a collective group often carry out their interests like public interests. However, there are some kinds of reason, just as history and regime, public interests expand excessively, which does hare to private interest. Moreover, because of the nature of jurisdiction that it is the last defense against individual privilege and special interests, we should pay attention to it in the view of jurisdiction. We shall do our best to establish a clear standard of public interests. When there are conflicts between public interests and private interest, we can depend on enthusiasm of cultural concern and apply objective technical norms to deal with them. At the same time, with the individualism guiding, we also handle there properly.
Keywords/Search Tags:public interests, individual interests, jurisdiction, individualism, principle of proportionality
PDF Full Text Request
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