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The Discussion And Analysis Of The Public Interest In Jurisprudence

Posted on:2014-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:H Y BaoFull Text:PDF
GTID:2246330398462877Subject:Law
Abstract/Summary:PDF Full Text Request
Public interest plays an important role in social life. There are many scholarsresearching this subject who come from different disciplinary fields such as law, sociology,philosophy, political science and so on. However, the public interest has not been definedauthoritatively and clearly until nowadays. This problem results from several factors, notonly because of the fuzziness, but also on account of economic development and thenational legal system. As far as the field of law to be concerned, public interest occupies animportant position in the legal system, but there is no legal entity and procedure to definethis subject. With the development of legal theory and the promoting of legal system, thecontradiction between personal interest and public interest is becoming fiercer, which leadsto a series of social conflicts and contradictions. In view of this, the author focuses on theanalysis of issues related to the definition of public interest, trying to introduce the essenceof public interest from the perspective of the public demand and the law economics. At thesame time, the author discriminate the relationship between personal interest and publicinterest in detail. Also, there are plenty of introductions and personal view about thedefining standard, the defining subject and the defining method of public interest. Theeffect and status of public interest is arranged in the big table, based on this, the authorsuggests some legislative proposals. Finally, two actual cases are been used to prove thepossibility of theoretical analysis applied to real cases.
Keywords/Search Tags:Public interest, The defining subject, The defining standard, The definingmethod, Case study
PDF Full Text Request
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