Study On Civil Law Protection On Public Interest

Public interest literally means common interest of the public. As public interest involves the interest of most unspecified people, its effective protection is related to social stability and long-term prosperity of a country. Therefore, modern countries regard public interest advocacy and protection as a standard of civilization realization and government by law, and apply most powerful protection measure --- law protection.From current status and practice of public interest protection, most countries, including China, apply public law protection mechanism dominated by constitution, administrative law and criminal law for public interest protection mainly. Comparatively, public interest and its protection are rarely involved in private law, which cause the ignorance of private law protection and its possible effects.For protection only concentrating on public law and ignoring private law, many problems have generated in public interest protection practice On one hand, public law mechanism, especially administration mechanism has many disadvantages including self-interest, low efficiency, corruption, and so on which block effective protection on public interest. On the other hand, the form of public interest is changing rapidly which proposes a more comprehensive requirement to its law protection with both private law protection and private law protection included.For public interest protection, in recent years, the original weakness of public law protection mechanism and requirements for new law protection are extremely outstanding in China in fields of land requisition and demolition, environment pollution, trade monopoly, and consumers interests safeguard, etc.Therefore, public interest protection oriented by land requisition validity solution has become one of the most popular law topics in China in recent years. However, most theoretical study articles on this subject focus on administrative law or economic law.Group appeal and road blockage appeal happening in recent years reflect the incompetent protection of public interest and the lack of protection ways. Various new forms and forms with Chinese characteristics of public interest keep arising with its new development situation connected with department laws, including the civil law, with new and wider forms. Facing above situations, we introspect for the disadvantages of monopolization and exclusiveness of traditional public law mechanism on public interest. Besides, we shall attach more importance on the public interest's law protection at a new angle with civil law included.Based on this, the paper tries to make a systematic discussion on public interest protection with a creative angle. It will be carried out in four aspects including concept analysis of public interest, necessity illustration of civil law protection on public interest, feasibility investigation of civil law protection on public interest in China, and system construction of civil law protection on public interest.The first part of the paper is the basic theory of public interest mainly, including the illustration of general understanding and legal definition of public interest. In the section of public interest general understanding, the paper starts with two basic morphemes of"interest"and"public", and makes essential semantic interpretation and uncertainty cognition for"public interest". In the other section, the paper proposes basic principles of entity judgment standard and the procedure identification measures, and makes superficial discussion for this.The second part of the paper makes necessity argumentation about civil law protection on public interest in three sections, including unity and oppositeness of public interest and individual interest, the actual insufficient public interest protection by public law mechanism dominated by administrative law, and democratization management of public interest. In the first section, the argumentation of unity and oppositeness of public interest and individual interest is made in four aspects including their interrelation, interconversion of them, reasonable limitation of public interest restriction on individual interest, and individual interest pursuit as the best measure of public interest realization. In the second section, with the example of administrative protection, system and human nature origins of insufficient administrative protection on public interest are analyzed in many aspects including government failure, government capture, government selfishness and government power variation. In the last section, on the base of public interest democratization management theory and practice value, systematic analysis of public interest democratization management is made with the clue of public interest realization measure and the example of public utility privatization process.In the third part, the paper makes a simple inspection on the actual efforts, feasibility, of civil legislation on public interest protection. The inspection is made through an introduction to current civil legislation on public interest protection, the conclusion of the various protection ways, and the quotation of the green civil code on public interest protection. In the end, based on previous analysis and inspection, several constructive conceptions are proposed for perfection of general understanding and private law definition of"public interest", establishment of the system of civil punitive compensation system, and establishment of public interest civil litigation system in China.