利益均衡与立法公正的冲突及协调

立法过程中各种利益主体进行充分博弈,其结果是形成某种利益均衡状态。立法及其所维护的利益均衡状态应当符合公正的要求,即体现立法公正。然而,利益均衡仅是实现立法公正的必要非充分条件,它在某些情况下与实现立法公正相冲突。为此,应该通过充分赋予并保障各利益主体政治自由、缩小他们之间的实力差距等措施来加以协调。

The Conflict and Coordination of Benefit Balance and Legislative Justice

During legislation, different kinds of benefits subjects had sufficient argument, and its result became some benefit balance situation. Legislation and the benefit balance situation kept by it should coincide with the requirement of justice. However, benefit balance is the necessary but not the sufficient condition to realize legislative justice, and under some circumstances it is in conflict with legislative justice. So it should be coordinated to lessen the strength difference between them by sufficiently protecting the political freedom of benefit subject.