Procedural Consideration Of Public Interest

The issue of the "spring fares" has been the focus of people's attention. This year,Railways official papers declared "no fare increase in 2007", which overthrew the type of "spring fare increases" in play and attract focus of all sectors again. From "fare increase", the people questioned and dissatisfied with the right of hearing, the right of knowing and the right to participate in decision-making;To "no fare increases", the people's joy and delight, meeting in the "public opinion" of the measure, during which here are many issues that we need to research. In view of this, first I study government pricing and price hearing system as perspective, which lead to the public interest-legal uncertain concept. From the entity and the procedure study the concept. Under the consideration of the procedural level, to make it a more realistic definition of standards, and make public and personal interests of the game a more legitimate and reasonable regulation procedures. In turn, in this paper promote the keynote "on consideration in the process, discovering and determining public interest". Railway fares for spring from "increase" to "no increase" as a case analyzed, by which practice connection between "legal" and "practical" and confirm the nature of each other.This paper is divided into four chapters:Chapter one, the government pricing and price hearing system. In my paper, railway fares for this spring is from "increase" to "no increase" as a case. So the essence of the phenomenon of floating spring fare pricing—the government pricing, it seems particularly necessary to analyze the inspection. The chapter, the authors first study empirical analysis of the pricing behavior of the government and its goal of the inspection described, from the positive and negative aspects describe government pricing procedure's constant improvement and it's defects, and by "Price Law" and "government pricing rules (trial)" as a test basis, confirming its science and reasonability. Meanwhile, analyzing its lack of impartiality and it's been captured by the industry. On the basis of the empirical analysis defects of the government pricing, a target of the government pricing by follow. To reach its objectives and the content of the course is, in fact, the government takes a neutral position. Giving results for public and personal interests institutionalization, standardization, and thus guaranteeing the outcome of the implementation. The key of the government pricing behavior lies on the protection of its neutral status. The interpretation of the content and practical significance, therefore studying the process of public interests by such a broad way make us the specific awareness and realization.Chapter two, studying the public interest. To analyze the public interest, not to clearly define the concept of the public interest. Because of the extensive public interest and self-interest as the mainstay of uncertainty makes their unity difficult to define. So I tried to draw their personal interests as the starting point by studying the relation of the public interest and personal interest. And the inherent nature of the personal interest and promoting their own personal interest and personal happiness is just to confirm the theoretical viewpoints. Thereby studying the public interest on the basis of the procedure and entity will be feasible. The chapter, It makes confine the public interest feasible which is composed by "uncertainty in the public interest" and "what is public interest" on the basis of the analysis of the public interest, which is "the uncertain legal concepts", having a consensus on the fact: the public interest and personal interests isn't opposed absolutely, nor is broken completely with their personal interests. Its formation and occurrence depends on personal interest. Its confirmation and authenticity is also on the basis of practicing of the private interest. After analyzing immediately the relationship between public and personal interests discussions on the conflict between the two intrinsic unity and described in detail,by which conclude the value of the foundation of the public interest protecting the individual interest.The analysis and study of the public interest. Uncertainty will need to find their own procedures for consideration of the public interest. From authoritative writer, just four levels of procedural characteristics described for the public interest, thereby making the legitimacy of the public interest is not only confined to the entities to meet legal requirements and the meaning of personal interests,but also means that the specific procedures must also be consistent with the requirements of the rules. So this requires the existence of a systematic process to ensure that public interests procedural legitimacy. Therefore, this three-pronged approach from the side that made a procedural system. First, this system means that the procedure must be spokesmen for the public interest and legal representative of the government agencies or other community groups organization, and they represent the public interest in its statutory authority, and which require to have legitimate content. Therefore, we need to set up a representative to defend and protect the authenticity of the comprehensive essentially. Second, the process of achieving the public interest, for the adverse effects the private interests, needs to be equipped with a character matter of due process to protect the fundamental rights of private parties, such as the right to know, to participate and to here. Third, when private interests are damaged on legitimate reasons of public interest. Injured person must have access to legal assistance, such as the right to representate and compensate, the right to litigate. It is ultimately identified as an illegal infringement, the parties should also have the right to compensate.In order to ensure that we can achieve the goal of public interest in public, and protect the private interests from the damage of the public of arbitrary power , the authors also conducts the three aspects of interpretation:Ⅰ. Do protect the legitimate rights and interests of citizens as the center of gravity of the proceedings and relief mechanism to be implemented by the relevant legislation;Ⅱ. The relevant legislation have been drafted or being in the process of drafting which should specify the spirit of protecting privacy of the Constitution;Ⅲ. In modern law, the judicial power as the final legal interpretation of the public interest needs a third party. This makes spring fares "rise" to "no rise" in the theoretical perspective with a more comprehensive perspective, so that the real and procedural analysis have been carried out, and give the points to determine the adequacy of public interest research.Chapter three, studying the "rise" and "no rise" of spring fares. The empirical analysis and objective examination on pricing, the hearing system as price protection system or its interpretation, and the individual interest of the public might be relevantly explained. Giving the phenomenon of the "rise" to "no rise" a theoretical research. Based on the above perspective is the author of the theory, the chapter is divided into three sections, the first two subsections. First on the legitimacy of public and personal interests, and the balance between the two dimensions deletion of the "spring fare increases" phenomenon for research and analysis.In discussing its lack of legitimacy, the author discusses and interprets the lack of legitimacy, and details it four areas: First, the "hearing" changes into "price rise". Second, information disclosure and transparency in the hearing is not perfect, so that citizens do not know completely. Third, the fair of the hearing will be questionable. Fourth, the hearing is valid for several years. Immediately after that, on its reasonable deletion analysis of the "fare rise" invalid and the "source segregation", questioning the authenticity of research from two levels. Thereby the author conclude that no matter from some inspection starting the deployment of the limited volume,China's railway enterprises in the service sector should reflect the social and public responsibility,which is looked as part of its values, standards of behavior and social responsibility,After listening to public opinion and getting practical measures. This is the keynote of legitimacy of the pricing behavior, which is the ultimate source of rationality.In discussing the lack of balance between the public interest and the individual interest,the author starts to describe it from the following four aspects:Ⅰ. The mode of thinking which is the public interest be superior to the individual interest.Ⅱ. Contrary to the intrinsic unity between the public interest and the private interest;Ⅲ. Contrary to the value which is the public interest safeguarding the individual interest;Ⅳ. The lack of balance between the public interest and the personal interest. And four perceive from the "spring fare rise" in the formulation and adoption. Between public and private interest, which is a "balance" mode are not implemented. "No rise" of the spring fares is analyzed and explored in this section, the government make sure that its public and personal interests will be incorporated into the internal unity of the considerations, breakthrough the thinking of the mode of the "public interest superior to personal interest".Chapter four, the theoretical perspective of the floating phenomenon of the spring fares and the improvement of its system. The phenomenon of the "rise" to "no rise" of the spring fares is prospected. Although the procedure is improved, there are still some flaws . It does not reflect the nature that protects the individual interests as the intrinsic value of nature. It tries to achieve a balance between public interest and personal interest. The real practice demonstrates the intrinsic unity between the public and private interest. On the other hand, it pointed out that due procedural flaws and the system of public hearings yet to be implemented so that fairness and rationality of the public interest is not corroborated. The essence of the initiative doesn't mean a sense of success at all.Section two , the author bases on democratic decision-making structures of public affairs platform so that it can protect the public hearing by the legal definition,and safeguard the legitimacy of the public interest, and improve the system of public hearings for price discussions.Ⅰ. The initiative of the hearing;Ⅱ. The choice of the body of the hearing;Ⅲ. Safeguard the neutrality of the organization of the hearing, so that it truly becomes an effective way to identify the public interest, truly reflects the inherent essence that the legitimacy of the public interest which is proved by promoting their individual interests and happiness.