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何谓公共利益,如何理解和解释公共利益,不仅是法律解释的难题,而且在学理上亦不易把握。本文首先从个人、社会、国家三者关系的角度阐释了公共利益的实质,并就其概念的界定,以及操作原则做了探讨。文中认为公共利益是一切政府行为的出发点,是社会整体利益或道德取舍,是一种抽象的公共秩序,并且就公共利益界定的操作原则做了简要论述。
What is the public interest, how to understand and explain the public interest, is not only a legal interpretation of the problem, but also difficult to grasp in theory. This paper first explains the essence of public interest from the perspective of the relationship between individuals, society and the state, and discusses the definition of its concept and its operating principles. The article thinks that the public interest is the starting point of all government actions, the interests or moral choices of society as a whole, an abstract public order, and a brief discussion of the operating principles defined by the public interest.