Reserach On The Meaning Of Public Interest Of Law In Contampopary China

For the perspective of disciplines, the concept of the public interest has beenwidely discussed in law, political science, sociology, and other disciplines. For thesubdisciplines of Law, Jurisprudence, Administrative Law, Economic Law, the publicinterest also has its own concern. Even further narrow the range to the field tojurisprudence, the public interest also has many different directions. Combined withthe more controversial practice of public interest, in a period of time, there is a lot ofresearch on the public interest.However, recently, although there are also a lot hot cases about public interest,the enthusiasm of scholars for the discussion of the public interest is lowering. Fromthe research related public interest, there can be found, the following reasons maylead the practice relate to public interest now. First, the comprehensive research onpublic interest and the controversial practice of public interest have comprehensivecoverage, and each of them has many discussions. Secondly, although numerousissues related to the public interest have been discussing, there is also morecontroversial issues about public interest related to the public interest have came out.Gradually, a quagmire followed with more and more difficulties come into being. Tochange this situation, the researchers must find a new direction and break out fromthe quagmire.This article will set out from this standpoint and investigate on legal provisionscontaining the terms of the public interest of the laws, regulations, rules and othernormative legal profile. By the analysis of such a large number of provisions containthe terms of the public interest, I will try to found the meaning of the public interestsin contemporary law in our country. This article is to further the discussion of thisissue through three directions. In the first part, public interest will be compared withthe similar comparison concept. Then, the second part will be based on the analysis ofthe first part, further exploration will be made for the legal expression of the publicinterest and the mechanism of expression of the public interest. In the third part, anappropriate recommendation for improvement will be made based on the second part’s analysis.The reason for the practical problems in the practice of the public interest of thepublic authority is not just public interest theoretical dispute involving public interestsand the public authority’s irregularities, while the inherent flaws involved publicinterest issues in the legislation is the root of the emergence of this status quo. If wewant to improve public interest law practice, we first need to proceed from thelegislation. If we want to change the practice of public interests of law enforcement insuch condition, the following works must be done. First, to solve the problem of poorpublic interest of the terms of maneuverability, the definition of the public interest inthe specific context is a must. Secondly, establishing the mechanism of due procedurein the defining of public interest, so that the individual in the public interest involvedcan have the opportunity to feedback the views of the individual in decision-makingprocess relate to public interest. Thirdly, improving the procedure and mechanisminvolved in the public interests of the public authority. Indeed, the moment involvedin the public interests of the public authority to run practice may be more than thatonly legislation can be resolved, if we do not improve the legislative respect, it mayonly be a palliative.