Conflicts Of Interest And Balance In The Legislation

The survival and development interests related people, as its foundation and dynamicobjects, people in need of social development, plays an essential role in humancommunication and the social activity. At the same time, the progress and developmentof human society is in the interests of the problem that he must be faced. With thedevelopment of China’s reform and social interests, the diversified development. Inaddition Chinese is currently in a period of social transformation, and social structureformed basically, there are different interest subjects in different areas, the forcesbetween each subject to different extent, enhance people’s awareness of rights, more andmore stakeholders stand out to appeal to their own interests, so that interests conflictphenomenon is inevitable. Moreover, a conflict free society does not exist, becausewithout conflict and competition, the society is a stagnant society. Now that theinevitable conflict, and not disorderly development, the best way is to balance theconflict of interests. How to effectively, reasonable solutions to these conflicts of interestis directly related to the social stability and progress. There are a lot of conflict of interest,the legislative, judicial, balance measure moral constraints, the personal social values ofthe constraints and so on. But the legislation as a source of law, as the allocation of rightsand obligations of means, an important criterion to measure people’s behavior, shouldgive full play to social interests distribution function and control function.But it is generally on the legislation always not very clear to expression the conflicts ofinterest in the legislation and what happened to run. From1999to2009, lawmakers tookover ten years to complete the revision Postal Law. All the interest related people reflectthe revision process, the conflict without help but it reflect on how to conflict of interestsin the legislation, when accompanied by any problem? Why balancing conflict ofinterests in the course of the legislation faces those problems. If legislation when dealingwith these conflicts is not an optimal solution, to improve the efficiency and effectivenessof legislation and solves the conflict? As an example,the Postal Law amendment to theprocess of conflict of interest balance process, through detailed analysis which revised inthe legislation of conflict of interest, to explore the better use of the relationship betweenthe two from the instance, saving the cost of legislation and time approach, balanced way. So as to realize the balance of interests conflict, social order and stability, and the rule oflaw is the ultimate objective.Modern social legislation is different from the ancient legislation which was onlyconsider a single interest class subject requirements. It needs to balance the interests ofconflicting interests in the situation of multi subject, and combined with our country’sconflict of interest. To find out the conflict and balance interests legislation problems andsolutions in the main purpose of this paper is must to be done. The balance of interests inthe legislation as an important way to resolve a conflict of interest, not only a certaindegree of conflict with the stable development of legislation always and hinder the socialorder, but also indirectly promoted legislation to consider the needs of more people,reflecting the broader public opinion, make legislation more democracy and perfecting.The law reconciling the products of different interests, legislative process is a process ofconflicts of interests and balance assessment. But at the same time, the legislation alsohas anti effect on conflict of interest, when the balance of conflict will produce a newconflict. The process of conflict of interest and the legislation is an interacting andmutually promoting. Interest wish an individual, society or group through political,economic, religious, moral, view of creation, the country’s legal system does not createinterest, and the legislation as the initial stage of the method is to do by specifying therights and obligations of the way to benefit admit or prohibited. But even if a lot of thelegislative power of the modern state is unlikely to work out on every person, everythingof the law. The legislative process can’t realize all, but it at least to care about the mostthing, to take into account the interests of the overwhelming majority of the peopledemanding.