论我国公共利益的司法认定-法律专业论文.docxVIP

III III Recognized by our country public interest judicature Abstract “The public interest” a word has the intense ideal color, both indicates one kind of entity social relations, and indicates one kind of peoples common benefit demand, but is utilized in the judicial domain in determines a legal act effective or not basis, for this, its concept accurate or not, it recognizes fairly or not, directly will decide in the government by law society, main body behavior way, content, potency. That, what is the public interest? The actual this concept originates from a corresponding concept, the private ownership.The private property generally accepts inviolably for the constitutional government country, the personal property rights protection promoted the capitalism expanded reproduction realization, also is the market economy foundation legal regime.But, the advocation private property supreme also has the malpractice, is the government, the public department, or is responsible for the public utilities the privately operated unit when is unable obtains property rights and so on private land, falls into the stagnation.In order to limit the private property the right boundary, or to the private property protection exceptional case, a public interest word arises at the historic moment.In short, the basis public interest regarding the personal land collection is the private land ownership system one kind of revision and the exception.But, public interest itself also exactly only can be a kind of exception, therefore does not have to abuse, also must quite the compensation. That, how recognizes the public interest? “Public interest” concept with “public interest recognizing” by no means identical question, but is actually one kind “the white horse also horse” realization plan.The legislation, the judicature and administrative itself all are the human rationality adjustment social relations methods, and according to the different potency position step, the procedure rule, the p