On Balance The Interests Of - The Transition Period Of China's Conflict Of Interest And Its Legal Regulation

The relation of Law and benefit is always the vital and basic question in the jurisprudence research. The decision function of benefits' formation and development of law as well as the Coordination and equilibrium function of benefits relation and are the basic content of their relations: The benefit is the impetus and the strength fountainhead of promotion of economy and the legal development; the law is advantageous to the safeguard, the promotion benefit realization. At the present stage, China is being in the modernization to accelerate development; The society is experiencing great and painful reforming, changing From the society that does not emphasize the personal interest to the benefit multiplication one. In the reforming process, the redistributes of resources and benefit inevitably must take place, thus it inevitably causes the pattern of social benefit is reorganized. Therefore, China is facing the more and more complex social question and the benefit conflict question is basic and the significant. The overwhelming majority social question and contradictory all is connected with the benefit conflict in the certain significance; some contradictory is directly causes by the benefit conflict of various social members. Under the complex benefit conflicts, the conflict and the balance question of public interest and the personal interest must bring to our enough attention, because the contradiction between them is especially remarkable in the multitudinous benefit conflicts. The play that Many seek the personal interest by the name of public interest is always at the unceasing performance, perhaps this concerns to the historical tradition which the country and the Common people Capture the benefit. The method of adjusting benefit conflict is many and varied, as essential method which relates as the coordinated society, law has its own superiority in the balance of benefit conflict process, should shoulder the heavy responsibility in the balance of society benefit conflict, establishing harmonious social. As the mechanism of benefits adjustments, it should Plays the major role in nowadays of the Chinese society. Therefore, taking the reality of transformation period of social as analytical background, if we find out the means and mechanism to carry on the law controlling benefits conflict, the difficulty and obstacle of the technique of law construction effectively will be reduced, thus. For China the ability better and equilibrium and social everyone's benefits provides theories foundation in the rule of law the construction, making the progress of china law modernization is more smooth.