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The Definition of Public Interest in the View of the Constitution

Author: WeiXueBin
Tutor: KangJian
School: Liaoning University
Course: Constitutional and Administrative Law
Keywords: Public interest Equality Effective participation
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract


The definition of the public interest to ensure the realization of the public interest to prevent the premise and basis of the public interest is replaced by personal interests or the interests of the Group. China precisely because of the vague definition of the public interest standard, resulting in personal interests and the interests of the Group to be met under the cover of public interest. The proper meaning of the first part of this article discusses the connotation of public interest, and to determine the public interest, and Analysis of the essence of the public interest, that equality is the nature of the public interest. The second part of this article is a clear public interest defined criteria and the main, which provides the possibility for practical operation. From three levels in this section to define the public interest, that the subjective purpose of public interest generated program and enjoy the main range of the public interest. Pointed out that the public interest shall for the purpose of advancing the interests of all, and to go through the screening of democratic procedures and equal enjoyment by all these three elements constitute the standard to define the public interest. Reveals the results not only from the definition of the public interest but also the process covers come in; not only statically but also dynamically to the public interest to be defined. The third part is the role of the building as well as the court of public interests defined procedures on public interest issues. Not only refers to the definition of the public interest standard definition of the public interest, including the definition of the public interest subjects and procedures, and the public interest to define the main solution is who is going to define the public interest, and the definition of the public interest program is to address how to define the public interest. This section pointed out that the definition of public interest subject must be aligned with public interests in real terms, The better fit degree more conducive to the realization of the public interest, the Government and the judiciary are not qualified for the role, while the legislature is more suitable to undertake such responsibility. Build the public interest as defined in the early decision program and referendum procedures in the public interest in the program is defined, in order to protect the public interest better. And the court's role in the definition of the public interest and the role from both entities and procedures to consider the role of the court is different entities and procedures. The definition of public interest is real commenced around the public interest, whether it is defined in the standard or definition of the subject and procedures have to be the essence of the public interest based. Substantial public interest to clarify the definition of the public interest is a critical issue.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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