Expression And Practice Of Public Interest

Public interest, as a significant legal concept in current laws of our country, not only appears in the act of laws as a fundamental value principle, but also rams up frequently in specific cases. But no exception, no matter what kind of environment or in which law, there are no completely definite expression or definition of public interest, nor of how to use the terms of public interest properly. As a reserved legal provision, dispute and discussion have been going on as to the fundamental basis of derogation and restriction on basic civil fights; the precise meaning of public interest and the practical method and principle, which also brings great perplexity and confusion to legal practice. At present, any that attempting to explain and define public interest is considered one-sided, incomplete. But we can't avoid this concept in practice. We'll be bounded if we escape from it, so that a strange circle of so-called public interest is formed: becoming a custom through usage; difficult to change; unable to deconstruct; unable to enumerate. Blind and vague concept of public interest led to abuse of it and borrowing with ulterior motive, which brings about numerous legal and social problems. This is no less than a paradox. After countless attempts to give a complete definition of public interest, the efforts are in vain. We should think about changing the way of research.Cardozo once said: "definition is a kind of adventure, while description can provide help." This thesis paper just plans to analyze the connotation of public interest from a theoretical perspective, and to provide scientific consideration in judging the standards of public interest. On one side, we discriminate and decompose public interest from value ideal. On the other side, we set up practical expression of public interest, that is, public goods as a perspective to understand it. We try to establish a judging method in law and create the regulatory mechanism to realize public interest. Get rid of conceptual confusion and break the embarrassing reality. Clarify the prospect of public interest with rigorous legal method and standard legal language.This thesis paper is based on the analysis and organization of act of laws; elaboration of theory source; discrimination of related concept; demonstration of specific cases; explanation of entity content. It's divided into five parts. Part one proposes the principle of public interest embodied in the law. This item can be seen to be placed at a significant place in the laws of each country from countless expressions of public interest. But it's a rather essential but extremely fuzzy concept. Afterwards, through the comparative analysis of three major legislation patterns, combining with that of public interest in our country, especially that of Property Law, it points out there exists a big gap between ideal and reality as to the definition of public interest in our country. Part two gives conceptual analysis of public interest angles from word-formation, and analyzes the connotation of public interest from value and real diagnosis perspective. It talks about the origin and development of the concept, also about the unique meaning of so-called public interest of our country. Part three emphasizes the discrimination of relative concepts. It compares public interest with national interest, social interest, collective interest and individual interest. It proves and analyzes the connection and difference of these concepts. Thus it's easy to sort out the confused intersection concepts and to explicit the essence and nature attribute of public interest. Part four proves it a rigorous and integrates systematic engineering for evaluation of public interest through the summary of the various sectors of realizing public interest and through consideration of principles and standards into specific analysis. Absolutely, lending themselves to simple patterns or immutable rules can't be accomplished. Take a Chinese and foreign case as a sample. It exposes the most outstanding performance relative to difficult problem of public interest lies in the entangling with business interests through describing the embarrassing realistic situation, and various judging method. Part five rams to elaborate realistic characterization of public interest from the perspective of entities. Public goods become the most direct and clearest carrier for us to understand public interest. It's just the frequent touch with public goods and tuming over in our mind that it develops clearer recognition and understanding of public interest. The mystery is disclosed and public interest is able to be self-sufficient.This thesis paper is about 40000 words.