Public Interest Procedure Limited By Regulations

The public interest is an open concept, has the very strong abstractness and the uncertainty. The people are very difficult to the public interest to form the unified understanding, purely limited the public interest from subjective or the entity aspect to become the duty which was impossible to complete. But the law may formulate the procedure, perhaps transforms the value choice's question for the point of order processes is breaks this kind of deadlock the sensible choice, entrusts with in the entity through the right legal proceeding the specific value judgment validity, may form can accept"the public interest". The author through regarding the Chinese and foreign scholar about the public interest complex definition, summarized the public interest uncertainty characteristic. Simultaneously analyzed has limited the public interest from the entity aspect the realistic difficult position, explored limits and the rules and regulations public interest feasibility from the procedure, and designed has limited the public interest from the procedure aspect the way, attempted from legislative, administrative, the judicial process limits and the rules and regulations public interest, and through the right procedure's establishment, by the time safeguard legitimate, fair, the accurate boundary decided the public interest the goal to be able to be able finally to realize.