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在实体法中,公共利益几乎成为一项基本原则,而将公共利益上升为基本原则,也是人类社会能够良好、有序发展的基础。但是,由于一直以来,对于公共利益的模糊界定,使得当前社会中出现很多假借维护公共利益之名侵害私人权利的情况。因此,对公共利益作出一定的确定性标准,当个人利益和公共利益发生冲突的时侯,通过对公共利益的准确界定来恰当地处理二者的纠纷,使其各得其所,便成为解决此类问题的根本。本文试图从私权保护的视角来重新看待公共利益,并对其作出界定。
In substantive law, the public interest has almost become a basic principle, and the promotion of public interest as a basic principle is also the basis for the good and orderly development of human society. However, since the fuzzy definition of the public interest has always resulted in many cases in the current society that infringe on private rights in the name of safeguarding the public interest. Therefore, the public interest should be given a certain standard of certainty. When there is a conflict between personal interests and the public interest, proper handling of the disputes between the two will be the solution to such problems The fundamental. This article attempts to review the public interest from the perspective of private protection and define it.