Research Into Some Questions About Public Interest

Public interest was a very abstract and uncertain concept. This thesis was going to discuss and re-define this concept. The author compared this concept with many relative conceptions, such as national interest, social interest, collective interest and private interest, so as to discuss the connotation and the criterion of judging public interest. In addition to that, the author made a research into the legal system of demolition, found out some deficiency and shortage of it, and gave his own suggestions about how to perfect the legal system about the demolition in the view of public interest.This thesis was divided mainly into three parts in order to discuss the problem.In the first chapter, the author discussed the conception of the public interest, and compared it with many relative concepts and got the conclusion that it should include characteristics such as: uncertainty, non-profitability, publicity, unification of subject and object, relativity. The relativity also includes changeability and ranks.After a thorough discussion and comparison, the definition of public interest was a value which can benefit nonspecifically people. It characterized uncertainty, non-profitability, changeability and ranks. It is the centralized incarnation of national interest, social interest, collective interest and private interest, and it is in the highest rank of the order of interests.The criterion of how to judge and identifying a public interest has two parts. One is formal criterion and the other is substantial criterion. The formal criterion is the necessary procedure of judging a public interest, and it consist of legal criterion and transparency criterion. The substantial criterion judges the public interest by its contents, and it consist of reasonable criterion, public beneficial criterion, continuous development criterion.In the second chapter, the author analyzed the material problems existed in the process of city demolition, and pointed out the main deficiency and limitation of it. The main problems were the lack of justice and validity in the process of demolition. Then, the author gave some advices in order to consummate the legal system of demolition. Here are some suggestions so as to improve our demolition system: edit the Statute of the Management of City Demolition and make it a law instead of a statute; clarify the notification of"public interest"in the statute; add the system of hearing witnesses into the statute; strictly restrict the application of the forced demolition; entitle the court the power of rationality examination in demolition-related cases.In the third chapter, the author sum up the dissertation and bring forward new tasks. We should look into the systematic and conceptual problems behind the exterior phenomena, so as to better solve the problems, and realize the optimal balance between public interest and private interest, and thus facilitate our social development.