The Identification And Implementation Of The System Of Public Interests

To define the public interest, in the relationship between the real right law, clear the parties rights and obligations, to maintain social and economic order, no doubt is of great significance. Our current legal system in a number of laws and regulations and the expropriation and requisition system, such as repeatedly referred to the public interests concept, but because of the uncertainty of the public interest, mostly to the public interest to clearly defined legal term, even most of the laws and regulations about the determination of public interest to avoid attitude, the definition of public benefits and dispute resolution process and not covered, make public interest has a fuzzy words. In specific law enforcement process, the public interest to identify the discretionary power is abused, as the main body side of the strong government departments or public interest groups in a disguised form monopoly interest explanation say, take as plunder private property rights, and public interest of the real damage, how to define the public interest and the application into a legal issues to be solved.In this paper, the current situation of legislation and practice of tax system in our country, draw lessons from foreign advanced experience of legislation, from the interests of the public law characteristics, define the basic principles of public interest and public interest the implementation of the program discusses the three major contents, strive for in order to enhance the scientific nature and the law enforcement of legislation operability of provide the beneficial reference. Legal characteristics of the first part of "public interest", first of all, a brief overview of the development history of the concept of public interest, it is concluded that the development of the concept of public interest and the social and economic development is closely related to the law, points out that when a judgment on the public interests and explain, to meet the social development trend; Second, by describing the features that are characteristic of public interests, to make a more clear judgment on public interest and define, volatility on the public interest, practical interest, non-profit and non-exclusive characteristics to explore and explain; Finally, the most easily confused with the public interest of several concepts, including the national interest, the government interests and social interests, illustrate respectively, and attempts to distinguish between, from the face of public interest definition supplementary explanation. The second part "defines the basic principles of public interest in the first place," said without law defined public interests, that is really necessary, and for good reason, also should not be legally spontaneously produce influence the effect of the social public, laws and regulations to define the public interest with a positive attitude, at the same time, from the reality of our country has many department and legislation and improve efficiency and decrease the difficulty of the legislative perspective, Suggestions from the Angle of department respectively expressed explicitly for public interests; Second, try starting from the position of methodology, to define several need to grasp the essence of public interest principle to make some superficial analysis, put forward the universality of benefit main body, direct purpose of public welfare, proportion of value choice, define the procedure legitimacy four principles. The third part of the realization of the "public interest" program, according to the implementation process of public interests, first to explore the interests of the public recognition program, introduced the mechanism of interest game, to define procedures for the subject, discusses the rights and obligations of the parties to the subject; Secondly, in the public interest in the dispute resolution process, the necessity of dispute resolution process construction, the construction of a dispute resolution process model, especially the judicial organs should consider when to settle the interests balance rules were discussed; Finally, from the perspective of interests compensation, the necessity of establishing compensation program, compensation standards and methods for the study of some shallow.