社会公共利益的滥用与保护

Protection versus Opposition to Abuse of the Public Interests of Society

社会公共利益是经济法的一个重要概念,是国家干预经济生活的价值基础,也是人们判断是非曲直的法律标准。什么是社会公共利益、如何判断、保护社会公共利益,以及如何界定社会公共利益、国家利益和个人利益是本文试图回答的问题。

Social common interest is a very important concept in economic law, and is the value basis upon which the state accommodates the national economy, and also the legal standard by which people judge the right and wrong of things. However, the questions, like what social common interest is and how to define and evaluate it, are seldom discussed in Chinese legal academia, partly for the lack of an accurate definition of the concept, or for the confusion between it and the other two terms, national interest and individual interest. Anyway, the social common interest is a proposition that we cannot avoid, because‘the hardest core in history’ in dismantling the houses in cities has left us much to consider.