社会公共利益的法律思考

如何时社会公共利益进行法律保护已成为法学界研究的特点和前沿,但对其独立性的探讨尚未引起足够重视:从理论及实证两方面对法律中社会公共利益的独立性进行分析,提出社会公共利益是因其主体--社会的独立而存在的一种与个人利益、国家利益并列的利益形态,它一经产生就有着独立的法律诉求,这种独立的法律诉求客观上要求法律对之做出相应的调整和保护,法律社会化成为发展的趋势.

On the Independence of the Social and Public Interests in Law

It is held that the legal protection of the social public interest has become the feature and forefront of the study in the circle of law science, but the exploration of its independence has not been put enough weight on. An analy-sis has been made on the independence of the social public interest in law from beth theoretical and actual verifying as-pects, proposing that the social public interest has an independent legal appeal once produced because its main body, an interest pattern in parallel with the personal interest and national interest, exists independent of the society. This inde-pendent legal appeal has an objective requirement for the law to make corresponding adjustment and protection. Legal socialization has become a developmental trend.