The Interests Of The Whole Society On The Theory Of Economic Law

This dissertation systematically researches whole social interest on economic law,which is a foundational conception of the field, analyzes its contents consisting of thefeatures, status in the theoretical system of economic law, connotations and denotations,and the structure of legitimate interests, and then puts forward its own systematicalviewpoint. Through hackling the academic evolution of theory of interest and law, thispaper attempts to find a probable research frame based on earlier researches ofpredecessors, and then uses such a frame to carry on a further research of conception ofwhole social interest. This paper is divided into seven chapters, including six main parts.Part I focuses on the classification of public interest from a perspective of departmentlaw. Through horizontally extending the public interest as a superior conception, acomparative analysis is used to induce the corresponding features of public interest onconstitution law, social interests on administration law and civil law, aiming to presentparticularities and emphasis points of different kinds of public interests protected bydifferent department laws, for the sake of providing a reference system for the furtherresearch of whole social interest on economic law.Part II carries on a induction of the consensus of the theory of whole social interest indomestic economic law field, and proposes a viewpoint of elementary definition onwhole social interest. In domestic economic law filed, different theories have researchedthe content of whole social interest in different perspectives and levels. However, thereis none of a monograph or a dissertation to provide an induction toward presentviewpoints of whole social interest. To arrive at such a consensus, this paper considers itas the starting point which offering a research approach.Part III mainly discusses the independent status of whole social interest, and puts forward a viewpoint of a consistency on the evolutive conditions of interest appeal. Torespond the queries toward whole social interest, this part argues that both publicinterest on constitution law, social interests on administration law and civil law andwhole social interest on economic law have the same consistency on three commonevolutive conditions, including the developing stage of economy, political backgroundin special historical condition, and the level of socialization of law.Part V makes an analysis on the connotations and denotations of whole social interestwith the method of comparison. First of all, through hackling and inducing thederivation and evolution course of the conception of whole social interest, this partattempts to put forward a viewpoint, namely, there is a path dependence effect existingin the process of transplantation and acceptation of theories on whole social interestfrom abroad. In addition, this part makes a comparative analysis on the connotationsand denotations of whole social interest, and discusses the feasibility in China of atheory of the basic economic rights.Part VI discusses the structure of legitimate interests included in whole social interest. Aprobably more reasonable theoretical structure of “Connotation-Denotation-Value goal”on whole social interest is proposed out, and is used to evaluate present viewpoints onwhole social interest in domestic theories of economic law. Based on the evaluation, asystematic theory is concluded and a complementary study on the adjusting path ofwhole social interest is finished.Part VII is the conclusion of the dissertation.