The Analysis Of "Public Benefits" In Country Constitution

In the modern society of"ruling of law", there is always a kind of tension between the"public benefits"and the basic civil rights; how to balance the conflicts posed a new problem in the constitutional research. The proper definition of the"public benefits"must go back to constitution wording firstly, and from the angle of the text, providing the thoroughly and scientific interpreting basis contributes to help"public benefits"get the constitutional foundation. In this paper, author tried to combine the theory and the practice, what's more, has compared the interior"public benefits"clause with the exterior's; and in the light of law principles author specifically analyzed and researched many issues, such as, the historical evolution about the setup in the"public benefits"clause in our constitution text, the logical structure of the"public benefits", applying principles and institutional guarantee in the present constitution text.There are four parts in this paper. In the first part, the general theory mainly is discussed and researched, beginning at the phrase"public benefits", the author described and presented the research situations about the definition in our law trade, also differed the definition of"public benefits"from other relative definition. In the second part, on the basis of comparing the situations about the setup clause of"public benefits"in constitutions of USA, Germany, France, Japan and UK, author briefly previewed the historical evolution of the setup clause"public benefits", also mainly analyzed the logical structure of the"public benefits"clause in our constitution. In the third part, the author elaborated the applying principle"public benefits"clause and guarantee mechanism. The applying principals includes: law reserve principal, proportion principle and legitimate procedure principle. The guarantee system mainly evolves: democratic participating system, lawfully executing system, judicial censoring system. The last part of the paper, the meaning of the"ruling of constitution"that in our constitution text the"public benefits"clause has been setup is elaborated.