宪法视阈下公共利益的界定

The Definition of Public Interest from the Perspective of Constitution

公共利益是法学中的重要概念,对公共利益的界定往往能反映现实制度的需要。国外诸多国家的宪法中均对公共利益的界定有所表述,或繁或简,都是为了寻求公益与私益的相对平衡。我国的宪法对公共利益的界定具有原则性和概括性,应当重视综合运用宪法解释技术,系统地看待公共利益的界定。在发挥宪法根本性作用的同时,要认识到公共利益界定完整路径的建构还需要立法、行政和司法的相互配合。

Public interest is an important concept in law, the definition of public interest can often reflect the needs of real system. The definition of public interest has been expressed in the text of the Constitution in many countries abroad which are relative to balance public interest and private interest, no matter they are simple or complex. The definition of the public interest in the constitution of our country is the combination of principle and generality. What we should define public interest by the comprehensive application of the constitutional interpretation technology. At the same time, it is necessary to realize that the construction of the complete path of the definition of public interest needs the mutual cooperation between the legislation, administrative law enforcement and judicature.