Public Interest Limits And Legislative Expression

One of law's functions is that it can provides one kind of anticipation to people. So it is needed that the law should have the relative stability and determinism. The legal concept takes one of basic elements of constitute legal, whose connotation and extension is certainly or not ,will directly affect whether the law and standard involving in this concept can be carried quitely on legislator's will and spirit, thus forms one kind of explicit anticipation of public interest in the constitution having the real functions of making citizen's behavior become standard and governing social contradictions. The public interest already becomes an important concept of legal framework in our country because the explicit stipulation of public interest in the constitution. But there is no unifiable idea in sphere of learning, because it has no definition and explaination at all. This has caused the public interest to a certain extent imagination, but corresponding with this is the public interest in the social life widespread use, its connotation and the extension by the infinite extension, the public interest and the private interest, the governmental interest and so on, fuzzy difficult to debate, have caused the public interest generalization. Therefore, must make basic definition regarding this kind of social linguistic environment and the legal linguistic environment very important concept, is clear about its connotation and the extension.This article mainly defines public interest by the means of analysing denotation and researching comparison and history in the writing process, and the definition mainly develops from the following several aspects:The first part mainly discuss that public interest can be defined necessarily and definitely while analysing from various aspects when it is an important legal concept. The second part defines the intension of public interest, which mesns the benefits of open commmainly presents to public products, public services, public rights,etc, which bases on detailed legal principland of analysis in the two aspects of benefit the main body and the profits of the public interest the main body and content. The third part expounds the chief ferture of public interest: nonprofit, objective substantiality, expansibility as well as hierarchy. The fourth part carries on the discrimination using comparative analysis's method to the public interest and the related benefit, particularly more detailed to the public interest with the personal interest, the public interest and the national interest. The fifth part mainly discuss legislative expression of definitive theory to public interest. Looking from the actual situation of our country, the central organ of power, National People's Congress and the Standing Committee, carries on the definition through the legislative way to the public interest mostly conform to the Chinese present authority system is also most feasible. The legislation not only needs to define the connotation and the extension of the way of concluding and listing, the limits, meanwhile, must stipulate that recognized the main body and the procedure, the proportion principle,such as the ratio principle, the benefit balanced principle and the reasonable compensation principle to the conflict between the public interest and the related benefitn as well as when the public interest enables the personal interest to suffer losses or the public interest suffer encroachments, the major way to relieve is to depend on judicature.