Research On The Balance Legal System Between Public Interest And Private Interest

Under the background of sustained development of socialist market economy construction, and social productive force gained great liberation and rapid development, social interest structure is suffering significant reform, and the main token is that the conflict or game between public interest and private interest is turning to be multidimensional, compared with the original one-dimensional status of"Placing Public Interest Prior to Anything". The content of public and private interests has been a great deal of development. Meanwhile the relationships between public and private interests have become increasingly complex. Between public interests and private interests in the real contradictions in urgent is needing of legal system designed to make corresponding adjustments to meet the changing needs of the community.In the concrete demonstrate procedure, this paper starts from the relationship between law and interest and takes the analysis of concepts and characteristics of public interest and private interest, which form the fundament for the theoretical study of the whole paper. Thereby leading to a detailed analysis of the current law on public and private interests do not place for four reasons: original structure inertia, historical and cultural factors, the beneficial factors and inadequate adjustment means. The law provides for the protection of public and private interests of the asymmetry in the birth of a certain degree of public and private interests and to exacerbate the imbalance protection.Pursuing the reasons, economy takes a leading role, moreover, the deficit in state system reform and the shortage of law ruling culture are all motivating and strengthening the unbalanced protection situation between public interest and private interest.The author researched and analyzed the argument between liberalism and communitarianism, the controversy of public option theory, and the decision-making game among rational main body, as well as took the full consideration of the basic legal system theory of western countries in the relationship between public interest and private interest, then deducted the necessity,feasibility and rationality of the balanced protection system between public interest and private interest.At last, the author analyses the modality and cause of unbalanced public-private interests in the current legal system frame, and, it digs out the sticking point is the deficit of balanced protection between public interest and private interest in the dualistic public law and private law legal system. In the sociality standpoint of economic law, the author finds a legal system constructive track to get a balanced protection between public interest and private interest, that is a legal system, which takes equity and justice as the value core, competition and game as the regulating ideal, the third department as the balancer between public interest and private interest and takes procedure limitation to public utilities'decision-making.