论公共利益的公法保护

近年来我国学术界对公共利益的研究忽视了对公共利益的保护这一至关重要的问题。现实生活中公共利益受到侵犯,尤其是受到公权力侵犯的事例屡屡发生,而各种防控措施都要么是只顾眼前,不顾长远,要么是只能治标,不能治本。建议应以法律手段为主,而不应以政策等手段为主,应以程序法为主,而不应以实体法为主,来保护公共利益使其免受公权力的侵害;并科学理性地制订保护公共利益行政程序法的基本原则和基本制度。

On Protecting Public Interests by Public Law

The important issue of how to protect public interests by public law has been neglected in the academic circle in recent years. But in life, public interests are often violated, especially by the public power actions. However, all kinds of defensive measures are either short-sighted or non-essential. To avoid the violation of public interests by public power action, law procedures rather than policy measures and procedure law rather than substantial law should be maintained. Meanwhile, the basic principles and institutions of the administrative procedure law should be made scientifically and rationally.