国外学术界有关公共利益的主要观点及评介

Analysis of Main Viewpoints on Public Interest in Foreign Academiy

国外学术界有关公共利益的研究分为两派:一派是肯定公共利益的观点,也是主流的观点;一派是否定公共利益的观点。具体而言,肯定公共利益的观点主要如下:一是认为公共利益是限制权利的依据;二是认为公共利益就是经济利益;三是认为公共利益就是共同利益;四是认为公共利益是一种行政政策目标;五是认为公共利益是一种价值;六是认为公共利益是一种工具性利益;七是认为公共利益是一种"自动"实现的利益;八是认为公共利益是少数人的利益;九是认为公共利益是民主的终点;十是认为公共利益是无法认知的。

The research relating to public interest in foreign academia is divided into two groups： one group is affirmative to public interest point of view who stands for the mainstream. As a result, the other group is negative. In particular, the affirmative viewpoints can be divided as follows ： Firstly, public interest is the basis of limitation of rights; secondly is that the public interest is the economic interests; thirdly is that the public interest is the common interest; fourthly is that the public interest is an administrative policy objectives; fifthly is that the public interest is a value; sixthly is that the public interest is a tool of instrumental interest; seventhly is that the public interest is a kind of ＂automatic＂ to achieve the benefits; eighthly is that the public interest is the interests of the minority ; ninthly is that the public interest is the end of democracy; tenthly is that the public interest can not be cognitive.