Public Interest And The Restriction Of Basic Constitutional Rights

In recent years, with the development of economic and expanding of law education, as well as promotion of popular media, citizen' s consciousness of rights becoming stronger and stronger as time goes by. At the same time a lot of articles on civil rights appearing. To our regret, however, research in this respect lags behind the practice. The limit of fundamental rights has been a vague question. All kinds of government' s rules and regulations, as well as judicial interpret can infringe on civil private region recklessly is the proof of the conclusion above. This article blazes new trails on expounding public interest how to limit civil rights and the scope of the limit from the relationship between publ ic interests and citizen' s fundamental rights.There are five parts in this article, more than 30 thousand words added up.Part one: The author described public interests and compared to the country interests and government interests. As to relationship between public interests and utilitarianism, he deemed that must pay attention to majoritarian tyranny. And he contended that the question on how to define public interests is a constitutional power separating issue.Part two: in this part, the author expounded the concept of constitutional fundamental rights, the classifying of fundamental rights. He maintained fundamental rights can be classified into rights to freedom and social rights. Rights to freedom are mainly defensive rights, the government can not interfered with wantonly. But the social rights required the government take some positive means to realize it. In the end he put forwarded that we must obey some principles and...