The Research Of The Public Intestert Definition

"Public interest" is used as one of the frequent words, regardless hereof in formal document or in the juristic theory. The concept of public interest is indeterminate in the benefits corpus, the implication is extremely extensive. The public interest consists the governance's morals foundation and ethics foundation. But what is the public interest seems to be still having no one explicit, authority of explanation, so it usually becomes personal explain of authority which restrict and aggrieve the private right. According to this, make an explicit definition to the public interest is necessarily. This text starts with a comment to Chongqing "nail people" affairs, to reveal that making an elaborate definition to public interest in our country has important real and theoretical meaning; the author compared the domestic and international scholar's research condition and discusses different nation's practices, analyzes the merits and demerits of the way of definitions, and put more attention to analyze the crux of public interest definition, all the things is hope to find out some enlightenment for the juristic define in our country. The author thinks the process of the juristic definition is actually a process of moderating and balancing to various conflict benefits under the society basic pursuit, the juristic define of public interest isn't a simple differentiate to concept or a judgment of whom the benefits belong to, but a system engineering which demand multilayer, many angles to analyze, the text's assertion is lays equal stress on the entity and the procedure to resolve this problem, it means that it should respect and protect private property; the public participate, democracy of consultation is the necessary way for building public interest's expression and formation mechanism, the justice of procedure must be fully realized and fulfilled all the time. Only have established the real justice of procedure in juristic defining procedure, we can male out the spirit of democracy and civilization, the public interest define problem would be root resolved, and the law-governing society can be established.