On the Limitation of Public Interest to Private Interest in Administrative Law

摘要

In recent years, by the opportunity of the amendment of Constitution and the enactment of the Bill of Property Rights the scholars have made an overall investigation and studies in many viewpoints, the scholars have not got to a common view on the deep theory of the relation between public interests and private interests, the definition of public interest and private interest has become increasingly unclear. What is the logic that public interests limit the private? How to face up with the condition which the two kinds of interests mingled with each other? The paper focus on analyzing the public interests from the viewpoint of the legal theory, combining the positive analysis on the legal norms about the limitation of public interests to private interests at administrative law of China, so that the public interest limits the private interests to be effectively regulated.