论公共利益的法律限定

How Defining Public Interests in Law

随着宪法修正案对公共利益概念的确认,公共利益的法律限定已成为法学界关注的热点之一,本文正是对此问题的系统理论探讨。首先,分析了公共利益法律限定的必然性。其次,概括了公共利益合理限定的法治原则。再次,提出以多次认同标准、实质性受益标准、可持续发展标准、科学论证标准和全球趋同标准作为公共利益法律限定的判定标准。最后,归纳了公共利益法律限定的法治进路,认为法律应当对公共利益的概念、表现形式、承受主体和诉讼范围进行限定。

With the affirmation of the concept of public interests by constitutional amendment, law limit of public interests have already become one of the focuses that the law circles have paid a close attention to. First of all, the paper analyzes the certainty of public interests according to law limits, and claims that, public interests must be run under the law, public interests be apt to preventing anyone from abusing power and misunderstanding his rights, and public interests is developing towards rationality. Secondly, it summarizes the principle governed by law that public interests are limited rationally, by defining the right of public interests, dividing public interests and national benefit circle, and cutting out standard principle from public limited principle with regard to public interests. Finally, it approves a set of standards, as substantive benefited standard, sustainable development standard, scientific appraisal standard and as a public interests standard, a law-limited global convergent standard. And it sums up several ways to limit the meaning of public interests by law rules, i.e. law should limit the concept, the form of expression, the subject and the lawsuit range