Entity And Procedure - Two - Dimensional Definition Of Public Interest

Whether in theory or in normative legal document,"public interest" is a concept with extremely frequent. Public interest and private interest is a concept relative problems,define the public interests directly related to the protection of private interests. The relationship between public interests and private interests,is essentially a problem between public power and private rights. The value orientation in the field of public law and private law have different field. The value orientation of the division of the public interest is a very complex problem:too much to protect public interests are easily caused by the abuse of public power,but also will cause damage to the private interests of the lack of public interest protection. What is the "public interest", and how to grasp the public interests,the relevant laws in China have not given a definition and the rules are clear,and also to the practice of administrative law enforcement and judicial difficulties. If the public interest is not clearly defined, the public power can borrow the name of the public interest infringement of private interests. Fuzzy public interest determines the public power department is extremely easy to use the name of the public interest infringement of private interests,the most typical is in city housing demolition process, the local government for the land finance for commercial development,with the name of the public interest,the demolition of houses,infringement of private interests.The definition is directly related to the personal interests of citizens and public interest,so the definition of public interest should be allowed to benefit the affected people to participate in, let people through administrative procedure and judicial procedure,the formation of public importance influence even decisive role play,2011promulgated the "state-owned land on the housing levy and Compensation Ordinance"(hereinafter referred to as "Regulations") were taken to the object in the appropriate procedural requirements. Through improving the collection procedures,expand public participation,prohibit the construction unit in move.cancel the administrative compulsion relocation regulations,strengthen and improve the work of the masses,the force is reduced to a minimum. Inspired by this,this paper attempts to study the definition of public interest procedure.Public interest defined in procedures,the starting point and the foothold lies in the definition of public interest in the process of private rights to restrict the public power,private right protection is. Public interest defined in procedures,the formation process of public interest is a "visible justice" process. Since the program "in a cocoon around oneself’ effect,citizen participation in the public interest to enhance the formation of the public interests of the people "acceptability",even if their own interests may be damaged.also can let people accepted the decision of the government of public interest from the bottom of my heart.The purpose of this research:one is through the analysis of the traditional legal entity from the perspective of the definition of public interest and its disadvantages.introduces the procedural safeguard,not from the entity a clear public interest,turning from two aspects of entity and procedure regulation. The two is from the aspect of procedure,the definition of public interest, the recovery program justice,combined with the substantive justice,the public interest "fake form" out of the scope of public interests,safeguard the legitimate rights and interests of the individual,to prevent the emergence of under the "public interest" wanton violation of private interests,prevent the generalization of public interest issues,fully protect the citizen right.The research methods of this paper:beyond the traditional theory needs the help of scientific research methods.The scientific research method is the important guarantee of scientific research conclusion.as Marx said:"not only to investigate the outcome should be true, and the way to the results should also be true. The truth of itself should be true,true to is the truth." The methodology based on the understanding of the public interest,the academic circles based on,I think to make a breakthrough in the study of public interest on the first to find out why the public interest would become a "problem",by listing the current legislative situation,to find the relationship between public interest and other things,and then we research way of thinking. In the old route entity research--to simply solve this problem with complicated connotation of the public interest by the way of defining--is not feasible,an attempt should be made from the angle of the procedure. Therefore,the author puts forward the hearing procedures, to achieve the public interest to expand the scope of judicial trial specific information disclosure system procedure and judicial procedure.The main methods of theoretical research and empirical analysis are combined. That is,through the procedure to define the public interest does not negate the value of physical research. The definition of entities is mainly from the point of view of the principle of rationality.the principle of good faith. In order to better extraction procedures in regard to the content of such a rule. Here mainly to take legislative cases compare countries by the method of comparative analysis.The author comprehensively stated as: Concept-principle-program. In order to realize the security of public interests.In essence, this is the real way,also used the program mode.The research results of this paper:through the analysis of the realistic difficult to define the public interest from the aspect of entity, foreign scholar about the public interest the complex connotation of research results, summed up the decision public interest entities standards. At the same time to explore the feasibility of the program to the definition and regulation of public interest.and designed the way to define the public interest from the aspects of the program, respectively from the administrative, judicial process definition and regulation of public interest.This paper is divided into three parts:introduction,text and conclusion.The introduction part briefly introduces the status quo and research value.The basic framework is as follows:The first part expounds the definition of public interest entities and problems. In this section lists the provisions of the "public interest" in China the law, put forward different public interest realization path predicament.These are not only an important part of the concept of public interests/for the study provides basic material of the definition of public interest.The second part analyzes the related theory on administrative law.procedural justice,discusses the relationship between procedural justice and substantive justice,through legislation and judicial practice of other countries,the independent value of procedure and show its important significance to define the public interest.The third part puts forward the method to reconstruct the public interest is the entity, procedure and to define the public interest,from two aspects of entity and procedure.In the principle of reasonable and good faith under the guidance of the principle,the entity emphasizes defined standards,construction of administrative procedure and judicial procedure focuses on the procedure,And try to define the public interest in the private domain of definition of public interest,by this means,the process of realizing public interest accords with the basic demand of the society governed by law to.Finally is the conclusion for this. In this part,reiterated the need to define the public interest from the two aspects of entity and procedure,Through the proper procedure.in order to guarantee the lawful, fair, accurate definition of public interest goals can be achieved.in order to guarantee the validity and legitimacy of public power to intervene,better protect citizens’ private interests in the public authority.