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公共利益是一个十分重要但相对模糊的法律概念。从法律关系构成要素出发,确定社会各主体在公共利益关系中的角色定位并细化其职能分工对于实现、保护和增进公共利益意义重大。个人利益与公共利益在本质上具有高度一致性,前者是后者存在之基础,后者应当以前者为依归,二者的基本关系决定了社会各主体在公共利益法律关系的角色定位。从应然层面看,公民和法人是公共利益的最终享有者即公共利益法律关系的权利人,国家机关等公共组织是公共利益的主要保护者即公共利益法律关系的义务人。具体而言,立法机关通过制定法律法规界定公共利益,行政机关通过行政管理代表社会公众主张和保护公共利益,审判机关通过司法裁判裁定公共利益争议,检察机关通过履行监督职责保障公共利益的实现。但从现实来看,公共利益存在虚化和弱化两种倾向,社会各主体未能发挥其在公共利益实现过程中的应有功能。因此,应强化国家机关公共意识,强化其在公共利益增进和保护中的职责,最终实现公共利益的公共本质。
The public interest is a very important but relatively vague legal concept. Starting from the elements of legal relationship, it is of great significance to determine the roles of all social actors in public interest relations and to refine their division of labor in order to realize, protect and promote the public interest. In essence, there is a high degree of consistency between personal interests and public interests. The former is the basis for the latter’s existence. The latter should be based on the former. The basic relationship between the two determines the role of the various social actors in the public interest legal relationship. From the point of view, citizens and legal persons are the ultimate beneficiaries of the public interest and the legal relationship of public interest. State organizations and other public organizations are the main protectors of public interest, that is, the obligors of the legal relationship of public interest. Specifically, the legislature defines the public interest through the formulation of laws and regulations. The administrative authority represents the public opinion through public administration and protects the public interest through administrative management. The judicial authority adjudicates the dispute over the public interest through judicial adjudication. The procuratorial organ guarantees the realization of public interest by performing its supervisory duties. However, from a practical point of view, there are two tendencies of public interest to be weakened and weakened, and all social actors fail to exert their due functions in the process of realizing the public interest. Therefore, the public awareness of state organs should be strengthened, their duties in the promotion and protection of the public interest should be strengthened, and finally the public nature of public interest should be realized.