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Research On The Public Interest From View Of Civil Law

Posted on:2009-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2166360245467905Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Any people in exercising their rights, shall not violate or prejudice the public interests. It is a basic principle in Civil laws. But what is public interest has been a bone of contention among theoretical workers for years, no matter in which law, there are no completely definite expression or definition of public interest at present, then brings great perplexity and confusion to legal practice. A series of serious social problems caused by such confusion. Researching on public interest from view of civil laws, and digging into the problem, has very important value for theory and practice.This paper discuss public interest as the benefit for a large number of people who is uncertainty. Public interest is shared by unspecific majority, which includes the life-and-death or radical interest of a nation duirng specific period, since it limits not only the right and obligation taken by the public and organization sodality but also the legal action, public interest have the characteristics as catholicity, uncertainty, communion, rationality, validity and exoteric. At the basic of trying to define the public interest, compares it with national interest, collective interest, social interest, individual interest and business interest, in order to sort out the confused intersection concepts and to explicit the essence and nature attirbute of pulic interest, and then make it better to find out the boundary between them. In the hope of constructing the system of public interest, the paper summarize the typical legislation and theoretical achievements at home and abroad. At last this paper provides a method to turn the public interest into reality. Firstly, provide a general principle , and then list possible type of public interest in our Civil law, such as "General principles of the Civil law of the people's republic of China", "Contract law ", "Ownership Law",etc. And then put the system of public interest on regular track, in this way we can better apply the public interest to practice.
Keywords/Search Tags:Civil law, Public interest, public order and good custom
PDF Full Text Request
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