On The Balance Of The Public Interest And Private Interest Legislation

It is stated by Karl Max that:"everything people fight for is in related to their own interests". Interest, one of the most important social phenomenons, has become a motivation for the development of the whole society. Along with the implementation of Reform and Open Policy in depth and the fast propulsion of a democratic society ruled by law, our society is experience a transition period wherein the citizens'consciousness of rights are woken up increasingly and interests of different parties conflict with each other intensely. Value orientation regarding public interest and private interest has been a heated topic during the study of jurisprudence. Nevertheless, due to the backwardness of legislative thinking and the limitation of legislation scheme, the scope of public interest in legislation is usually provided in general, whilst protection of private interest is undefined. Consequently, it is not uncommon that the overexpansion of public interest leads to violations of private interest. Therefore, in the author's opinion, the significance of studying of the balance between public interest and private interest in legislation is self-evident.As a governmental regulation which is purported to be promulgated, Emergency Response Law of Sichuan Province (Draft Standard for Examination)(hereinafter referred to as the"Emergency Response Law") is part of legislative activities in our country. The methodology of prioritizing public interest could be noticed in reviewing the content of this legal instrument. This thesis attempts to discuss the balance issue regarding public interest and private interest in legislation on the basis of the adoption of the Emergency Response Law; it aims at providing a general direction for reform through analysis of specific cases. It is argued here that for one thing, a legislative thinking, whereby a reasonable balance would be obtained, should be established in course of the future progress of the establishment of socialistic democracy and monocracy; and for another, to the extent that the dominant role of public interest is not challenged, private interest should also be protected.This thesis consists of five parts: The forewords of first part discuss the balance problem between public interests and private interests in legislation caused by extensive controversy of the draft of emergency response law of Sichuan Province, and states the thoughts and goals of thesis. Second part is based on the related definition of public interests and private interests, elaborates the interrelation of public interests and private interests, and analyzes the process of balancing of interests in legislation. Third part mainly studies the value orientation problem of public interests and private interests in legislation, criticize the individualism from the thoughts of western liberalism and the collectivism from the communitarianism. Fourth part mainly from the perspective of legislation deficiency of draft, searches the reason for balancing between public interests and private interests in legislation in china respectively from historical , cultural, economic, political and legislative angle. Fifth part is the focal point, mainly provide the improvement for the hearing deficiency, administrative compensation standard blurring and lack of legal relief clause in draft, from the improvement of interest expression mechanism, interests compensation mechanism establishment and legal relief clause, to build the balancing system between public interests and private interests in legislation.