| The social public interest is always the foundational concept of proving the necessity and rationality of the social and national existence as well as the right purpose of the government authority, the ultimate value of the legal order and the legal goal. It has extremely important theory value and important influence on the legislation, the law enforcement as well as the judicial practice. But as for the social public interest, such an important concept, legal science has not made a definition that can be put into practice and be recognized by both the theorists and actual workers. The absence of research has directly affected the development of the social public interest and the maintenance in the real life, thus it has initiated a series of serious legal problems, and has affected the harmony, progress and development of the economy and society.At present the legal studies to the social public interest only focus on the Constitutionalism and administrative law, the research also put the stress on the logic analysis and the value judgment, but ignore the definition in terms of the economic law closely related to the social public interest. The social standard value orientation of the economic law and the legal goal of maintaining the social overall benefit, cause the economic law to put the basis of market intervention, the content of protection, the object of relieving, and the boundary of coordination on the legal foundation, which is clearly defined by the social public interest. Therefore the definition of social public interest is the core and cornerstone of the improvement of the theory of the economic law and the development of practice.This article adopts the way of the procedural justice to explore the definition of the social public interest made by the economic law, with the intention of better realizing the rational definition of social public interest in real life through the invention of the legislative, administrative, and the judicial procedure, furthermore better guaranteeing the protection and development of the real social public interest of all social members, and coordinating the entire social strength to make great accomplishment of social progresses. The article altogether divides four parts:First part, the concept of social public interest. From denotative meaning and definition, the social public interest has been definited. "The social public interest" base on the individual benefit, the common and continental part of the social public interest, which indicate the common goal and value through the equal exchange and cooperation between the members of social classes. Its goal is to realize the more civilized social life, therefore inevitably, it covers the metrical, the technology, the culture, ethics essential factors which conforms to the modern civilized society's moral requirement. In the humanity economic activity involves social public interest, including social economy order, social economy security, state economy benefit, the protection of ecological environment and sustainable agricultural development of nature resources, economical growth and economic efficiency, weak group's benefit and so on. When one judges what the social public interest is , they should follow the principles involving the benefit balance, legitimate is reasonable, fairly compensates, the public participation, the authority restriction, the integration of power and responsibility, the law retains, the right legal proceeding, the benefit weight as well as the proportion principle and the advantage to the relative person .Second part, the legislative procedure to definite of the society public interest. The social public interest economic in the system frame is definited by the legislature, the administrative organ, the judicial organ with the cooperation under the principle the ownership of the different power and responsibility and the Balance of the power. Among them, as the basis of the administrative definition and the judicial definition, the legislation definition plays a central role in the system of legal definition. Presently, our country do not have clear definition on the social public interest, in the practice, the power of the definition of the social public interest was grasped by governments at all levels, which actually has caused the abuse of power. The author mainly discusses the definition of the social public interest, from legislative power, the legislation style, as well as the legislation process. Advocated: Under the existing condition, the definition of social public interest limits legislate was made by the members of National People's Congress in the form of the legislative explanation, because it has enough authority to coordinate in the different definitions of the social public interest in the public interest legal concept, and to its was practical, has conveniently avoided these pirate regulations long legislation process; In the legislation style, profits from our country "Administrative Procedural law" to determine the administrative proceedings "Land law" limits the document scope legislation way and our country Taiwan area the non-profit organization" the scope way, through gives the definition, does enumerates, supposes reveals the provision and the general limit provision way limits; We has established the effective system namely the public system, the consultation system, administer the affairs of state the system, the consultative system and the voter back coupling system and so on, when we absorb the western success experience in the legislation mechanism.Third part, the administrative procedure to definite the society public interest. Because the social public interest does not have the determinism, therefore the massive concrete social public interest limits are through fulfill the public administration the administrative organ to make in the public decision-making procedure, thus the procedure rule restraint appears regarding the social public interest administrative limits especially importantly. The author believed, to ensure the fully realization of the social public interest, that the power of the government must be restrained by the establishment of the legal system, namely "intervention government". Passable effective form and so on guard system, legal restraint, populace participation has carried on the restraint to the government, standard government behavior. The construction: of concrete system: the establishment of the separation of power, the policy-maker's legal responsibility system, the democracy participation mechanism, the security system of the scientific decision-making, the consummation economical administration execution of the law surveillance system, the consummation administration compensation system, the establishment significant decision-making project overseeing system. Fourth part, the judicial process to definite the social publish interests.The judicial definition as the last way to definite the social public interest, is mainly to definite the social public interest according to the judicial ruling procedure when the interest involves in the disputes and the conflicts. At present, our country judicature strength lacks dynamics to the social public interest limits and the protection, only has the establishment more reasonable effective society public welfare lawsuit system, can cause the social public interest the limits even more to have the foreword, to gather the gauge, causes each kind of conflict benefit more balanced coordination. Needs to consummate the system below the judicature to the social public interest limits in: The public welfare lawsuit main body system, the public welfare lawsuit responsibility system, the public welfare lawsuit jurisdiction system, the public welfare lawsuit sue the legal cost system, the public welfare lawsuit incentive system.The social public interest is the economic rules and regulations system design beginning and the home to return to, the economic rules and regulations is realizes in the society through the safeguard society public interest way the people's law of personal interest, is clear, the reasonable limits to the social public interest in the economic rules and regulations will certainly into legally to realize he social harmonious development, establishes the perfect rational order to have by it diameter.
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