On the Limitation of Public Interest to Private Interest in Administrative Law

In recent years, by the opportunity of the amendment of Constitution and the enactment of the Bill of Property Rights the scholars have made an overall investigation and studies in many viewpoints, the scholars have not got to a common view on the deep theory of the relation between public interests and private interests, the definition of public interest and private interest has become increasingly unclear.What is the logic that public interests limit the private?How to face up with the condition which the two kinds of interests mingled with each other?The paper focus on analyzing the public interests from the viewpoint of the legal theory, combining the positive analysis on the legal norms about the limitation of public interests to private interests at administrative law of China, so that the public interest limits the private interests to be effectively regulated. IntroductionPublic interests is of importance at public law, especially at administrative law.Because of the close relation between the public interests and private interests, and that the public interests embodied predominantly through private interests, with the public administration extending continually, the danger of infringement of the private interests and the rights of citizen's increases.In this sense, to establish the standard of public interests at administrative law and regulate the act of the limitation of public interests to private interests become necessarily an important question in theory and practice.public interests exists, it is a starting point for the public regulation , public service and the public order, public interests comes from private interests, but they are different, pubic interests and private interests have either the consistency or conflicts; public interests is either a theoretical conception or an uncertain legal concept at administrative law, the limitation of public interests to private interests should be accordance with legally retained principle, proportion principle, due process principle, and so on Therefore, what exactly is "public interest", whether there is an independent "public interest", what is the relationship between "public interest" and "private interest", and what criteria are used to identify or judge "public interest" are questions to be solved.It is also a new research topic that we cannot bypass.Although the former researchers have given us a lot of helpful information and ideas, however, our understanding of China's "public interest" needs to be strengthened, and people's misconceptions about it need to be clarified.Only in this way can we guide administrative legislation, administrative law enforcement and administrative trial work so as to promote the development of China's administrative legality. Correctly Understand the Relationship between Public Interests and Private InterestsPrivate interests generally refer to private recognition of objective objects that meet their various needs.Private is not the same as a single individual citizen, but includes natural persons, legal persons and other organizations.Correspondingly, private interests also include personal interests, corporate interests, and the interests of other organizations.The relationship between public interest and private interest is naturally formed.We should make a rational theoretical analysis of the relationship between public interests and private interests.