Talk Over The Delimitation Of Public Interest: Thinking On "There Is No New China Without Toll Breakdown"

The principle of public interest plays an interest adjusting and value regulating function in practice. However, it is unsatisfactory generally that implementing public interest principle of China's current constitution. In many cases, "public interest needs" even became a "reason" that the government infringing citizen's right. The causes of this phenomenon are closely related with the concept of the public interests fuzzily and uncertainly. There is lack of consensus on the way that implementing public interest principle in theory circle present.And another import reason cannot ignore is no form regulating strictly. About the implementation method of public interest principle, present most of scholars tend to find out a unified objective criterion that deciding public interest in terms of entity and objectify it by law. Nonetheless, for the scope for public interest varying sometimes, it would be difficult to determine a standard boundary. But if avoiding entity standard, it would be a feasible way by program of defining the public interest. Therefore, besides definition of public interest exploring, it would be a Reasonable way that exploring concrete implementation method of public interest principle. At the time of writing, government control, legislation leading, judicial limit are the three main methods of public interest principle's concrete operation in the world. According to summed up the feature of the three main methods, our public interest principle should be taken to reverse legislative body lists typologically, measure interest of administrative organ and do justice to justice of judicial branch. Thus, it would form an operational mode that three organs coordinating each other.