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Economic Law Concept Of Public Interest

Posted on:2009-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:X L ChenFull Text:PDF
GTID:2206360245982469Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The idea of public interest is the core idea of the economic law. Its central position displays in three respects: First, the idea of public interest is the ideological basis of economic law; second, the idea of public interest is the concentrated expression of the social standard of economic law; third, the idea of public interest is the integrating platform of the multi-value of economic law. The core connotation of the idea of public interest of economic law is the overall economic stability and development. For the specific performance: the interest of consumers, to achieve target of the industrial policy, the balance of import and export, the increase of employment and sustainable development. For the connotation of public interest, that of economic law is relatively narrow and purely when compared to the neighboring departments. For the public interest in terms of function, that of economic law features a more comprehensive when compared to the neighboring departments. It can be said to be the integration of positive and negative aspects. Speaking in concrete terms: the public interest is one of the objectives of economic law; the public interest is one of the basis that to restrict people's behavior; the public interest is a precondition that to determine whether taking an act. The main path that the public interest of economic law to achieve including: In creating economic law, implementing the legislative principles of democracy; on the implement of economic law, the balance of public enforcement and private enforcement. Given the limitations of the traditional departments in the realization of public interest, economic law for a certain path of innovation that including: In the implementation of the main, creating a new national authority of regulation; in the implementation of procedures, taking a large number of informal procedures to resolve economic disputes; in the mode of implementation, taking a integrating model that is public enforcement and private enforcement. In order to achieve the idea of public interest, China should improve the mechanism for public participation in legislation and create a "special legislation" mechanism that the group as the representative when creating economic law; China should introduce a public interest litigation system.
Keywords/Search Tags:Economic law, Public interest, Public interest litigation
PDF Full Text Request
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