论社会公共利益

随着社会发展。公共利益的提出是一种必然。目前。公共利益在行政法学界备受关注。也备受争议。其原因是公共利益难以界定。通过公共利益与个人利益的比较。公共利益在行使行政权力过程中的权衡。可知自由裁量的过程就是利益的选择过程。从而得以明确公共利益的位阶。正当法律程序应保障公共利益。而不是偏袒公共利益。公共利益应该受到重视。但是公共利益不能成为侵害个人利益的理由。

On Social Public Interest

With the development of society,It is inevitable to put forward the question on public interest.Since public interest is difficult to define,it is given special attention in the current administrative law circle,and is also in dispute.It is known that discretionary process refers as interest selection from comparison of the public interest with individual interest,and balance of the public interest in the enforcement of administrative power,therefore,the definition of public interest can be clarified.Proper law procedure is asked to protect public interest rather than take sides with it.Much importance should be attached to public interest.However,it should not be the reason of invading individual interest.