经济法视角下的“社会整体利益”概念辨析

Interpretation and Analysis on the Whole Social Interest with the View of Laws on Economy

经济法的利益本位应该是社会整体利益。作为经济法的基石范畴,社会整体利益在内涵上与社会利益、公共利益和社会公共利益等概念并非完全等同。社会整体利益是一种以社会上绝大多数成员的利益为诉求的独立利益形态,具有主体的广泛性、内容的普遍性、性质的整体性和产生机制的整合性等特征。在外延上,社会整体利益与个体利益和国家利益存在着严格的界限。

The benefit basis of Laws on Economy should be the whole social interest. As the foundation domain of economic law, the whole social interest is not completely equal to the concepts such as society benefit, common benefit, and common benefit of society on connotation. The whole social interest , which seeks for the benefit of the most members of the society, is one kind of independent benefit forms, and it has such characteristics as the universality of body, the universality of content, the globality of character and the integrate nature of producing mechanism. On extension, there are strict boundaries among the whole social interest, the individual benefit and the state interest.