| The social and public interests as an important concept, not only recognized in the Constitution and the relevant departments law, but also appear in specific cases. Unfortunately, no matter where or what kind of laws situation, are not have definition of the social and public interests and how to properly apply the terms of the social and public interests .As a legal reservations, derogations of fundamental rights of citizens, the specific methods and principles applied of public interest has been in debate and discussion and bring great confusion and chaos in judicial protection. Therefore, the in-depth study of social public interests, and construct the judicial construction of the public interest safeguards, not only the legal theory of knowledge development and renewal requirements, but also a necessary step of the modern rule.This article is divided into five parts:The first chapter explains t the social and public interests implications. The social and public interests involved extensive field and have differences and inextricably link with group interests, personal interests, national interests.The second chapter explore the social and public interests community under the state of harmony and conflict, that in situations of social harmony, social and public interests can be effective coordination and protection. In the process of social transformation and change, social conflict is more, diversified program of social benefits, so in a state of social conflict, protect the public interest which can balance the complicated conflicts of interest, determine the mechanism for the interests of the compromise point . The laws protecting the public interest method to be an effective way. Therefore, from the legislative, law enforcement, protection of public interests. However, legislation and enforcement inherent defects, so that protection of the public interest falls to the administration of justice.The third chapter then explains the judicial protection of public interest values and functions and learn from the Western Judicial Activism and the "judicial action" , key explained the judicial protection of public interest focus and general method.The fourth chapter combined with the protection of public interests in China, analyzed the current judicial protection of public interests and defects of the problems, advantages.The fifth chapter sovle the problem of the current judicial protection of the public interests, proposed a change in the concept of judicial delay, construction of new mechanisms of action, starting from the links of Justice for judicial protection of the public interest to provide a powerful system for backing. |
