On the Legal Criterion of Public Interest
Lvjie Chen
Abstract
Lvjie Chen
Abstract
Constitution and property law provide that expropriation need adhere to the purpose of public interest,but they did not make a specific interpretation of it.Public interest lack of specific provisions,and it led to serious abuse of power.The Government under the name of public interest made lots of commercial deals and gained plenty of illegitimate interests.This is not only against the legitimate rights and interests of citizens,but also it gives rise to social conflicts frequently.We need to find the criteria of public interest in order to finish the confusion and find the real public interest in practice.Public interest is the interests of the majority of people in general.Public interest has character of integrity,uncertainty,relativity,and the need for non-profit.Public interest is different from the national interest,government interest,and collective interest.Its formal standards contain definitude, legitimacy,public benefit,rightfulness,necessity,and real standards conclude public participation and power constraint.Based on these criteria,we could define the public interest in practice.
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Constitution and property law provide that expropriation need adhere to the purpose of public interest,but they did not make a specific interpretation of it.Public interest lack of specific provisions,and it led to serious abuse of power.The Government under the name of public interest made lots of commercial deals and gained plenty of illegitimate interests.This is not only against the legitimate rights and interests of citizens,but also it gives rise to social conflicts frequently.We need to find the criteria of public interest in order to finish the confusion and find the real public interest in practice.Public interest is the interests of the majority of people in general.Public interest has character of integrity,uncertainty,relativity,and the need for non-profit.Public interest is different from the national interest,government interest,and collective interest.Its formal standards contain definitude, legitimacy,public benefit,rightfulness,necessity,and real standards conclude public participation and power constraint.Based on these criteria,we could define the public interest in practice.
Key concepts: Public interest, Conflict of interest, Legitimacy, Constitution, Public interest theory, National interest, Law and economics, Obligation