Social And Public Interests Of The Legal Analysis

Social public interests have been regarded as the basic concept to prove the necessity and rationality of the society and country, the proper purposes of government's power, the ultimate value of legal order and legal purpose, and is deemed to limit the external demarcation line of the individual right by the constitutions, laws of various countries. So it has extremely important theory value, and important influence on legislation, enforcement of the law and the judicial practice. But to so important a concept, law circles haven't got the generally acknowledged effective definition in theory circle and actual workers. Integration mechanism, realize mechanism, law relieve mechanism to social public interests and the relation between social public interests and individual right, this line of important problems lack the system, intact research especially, and the omission of this kind of research, has influenced the development of social public interests directly, and the wrong treatment of the relation of social public interests and individual right in practice, have initiated a series of serious legal problems, thus influenced the harmony, progress and development of the society. So among visual field of law science, need badly, go on define again to social public interests' concept and principle characteristic, probe into, improve the integration mechanism, realize mechanism and law relieve the measure of the mechanism further of the social public interests, and re-recognize the dialectical relation between social public interests and individual right. And on this basis, know and deal with the relation between social public interests and individual right correctly, make great efforts to promote the cooperative space of the two, to coordinate the conflict of the two, so to guarantee the development of the real social public interests, and to prevent the government to restrict individual right wantonly under the disguise of social public interests, that while can be effective, seek the outstanding achievement of social progress together with the strength of the whole society of coordination.