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Definition Of Public Interest

Posted on:2012-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhangFull Text:PDF
GTID:2216330338964436Subject:Law
Abstract/Summary:PDF Full Text Request
"Public interest", as a key word, is frequently used in both normative legal documents and legal theories. It is a highly abstract legal concept which could be easily misunderstood. In view of this, it is quite necessary to do some further study on its connotation, range and other related issue, in order to avoid the confusion in legal practice. This paper will analyze the connotation of "public interest" from varies aspects, and tries to find the appropriate and reasonable way to define its range.There are four parts in this paper including introduction and three chapters: The introduction is to discuss the importance and necessity for analyzing the connotation and defining the range of "public interest", three real cases in legal practice are listed in order to emphasize the severe status caused by the dispute on the definition of "public interest".In chapter one, first, the author introduce the origin and development of public interest, and then we analyze the uncertainty of public interest and the resulting adverse effects. Finally, we compare the analysis of scholars from various countries with different social backgrounds in the public interest under the meaning of different interpretations. The public interest so that we have a preliminary understanding of the concept.In chapter two, the author introduces our current laws and regulations in terms of the concept of public interest involved. The author points out that the concept of defining the public interest in the shortcomings and the serious consequences. The author has just promulgated the "state‐owned land on the housing levy and Compensation Ordinance"as an example to interpret.The most important part of this paper will be chapter four. In this chapter, the author analyze and more developed countries, United States, Japan and other countries that the public interest and public interest law defining the relevant system, analyze its shortcomings, sum up the advantages and draw on its strengths, in the hope of the concept of public interest theory and systems have improved Inspiration. Finally, we define the specific methods of public interest from the legislative, executive, judicial three aspects in detail, so that the definition of public interest issues is relatively reasonable solution.
Keywords/Search Tags:Public Interest, Legislation, The principle of proportionality, Judicial Review
PDF Full Text Request
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