Define On Public Interest In The Administrative Legal Relationship

“Public interest” is a typical uncertain legal concept, which has been used in thelegal provisions in our civil law, criminal law, administrative law and other legaldepartments. The meaning is slightly different. At the same time, because of the"public interest" issue relates to many factors, such as system, culture, andmacroeconomic policy. So it is a problem acknowledged both in theory and practice.Because it relates to many factors, there is more than one feasible solution. This paperis based on a series of major issues on promoting manage state affairs according tolaw overall after the Party’s Eighteen Meeting and the Third, the Fourth PlenarySession. By the keyword public interest I have searched more than200cases whichfrom June2009to June2014involving the30provincial-level administrative units onthe site www.court.gov.cn. At last I collected more than90cases after several times’screening. I hope to find helpful advice and solutions from the reading and analysis ofjudgments, and how to use legal means to provide effective suggestions to resolvingpublic interest issue and make the court’s function of judicial review play a moreimportant role.This paper illustrates from the following three aspects by using the literatureresearch method, case method, inductive analysis methodFirstly, expounds the basic theory of public interests in administrative lawrelationship (if no special point out,“public interest” called in this paper are discussedin the administrative legal relationship). Then the content of this paper is the concept,characteristics, and the law public interest research and policy background of publicinterests.Secondly, through the discussion on the definition of the main body of the publicinterests, for social issues such as the “public interest” due to uncertain legal concept,the best solution is that under the existing mechanism of moderate reform——through administrative proceedings, strengthening the function of judicial review,build a system with strict judicial review conditionally, namely the legislative determination a approximate scope and framework of public interest, the execution ofthe administrative organ execute in accordance with the law, and if a problem occurs,judicial organs, should review again.The third part is the key content of this article, when I read the adjudicationdocument; I found some aspects should be improved in practice currently, such as thedistribution of burden of proof, standard of proof, strength of judicial review.Through the mass of adjudicative document’ classification, analysis and consolidation,in order to solve the problems that exist in practice, I think we should improvejudicial review system on the public interest, to ensure that the genuine public interestcan be realized at the same time, the basic human rights of citizens are not wantonviolation.The final part is a summary of elements that how to identify public interest fromentity to procedure, looking forward the future judicial referee can be more perfectiveand improved.With the concept of rule of law becomes deepening, it’s a trend that court withneutrality and impartiality play the function of judicial review to solve such socialcontradictions and disputes as public interest in the future.