个人经济公益权的法律保护研究

在社会化生产逐步代替个体生产以来 ,人与人之间协同进行物质生产并进行相应的流通、分配和消费 ,这使个人在物质利益上的孤独性发生了变化 ,个人的公益权问题发生了。个人在财富创造、财富竞争和财富享用中 ,以及在财富的创造、竞争和享用的再循环中 ,都应享有经济公益权 ,这就需要国家以法律形式来确认和保护个人的经济公益权。个人的经济公益权从根本上说是个人私益在社会化生产条件下得到快速增长、普遍和持续实现的权利。个人的这种权利主要是通过制定、实施经济法和经济程序法来保障的。

On Legal Studying of the Right of the Individual Economic-public-interests

Since the socialized production replaced the personalized production, human being has produced cooperatively and circulated, distributed and used correspondly which brought to a chance of isolation at material benefits. Thus the problem of the right of the individual- economic- public-interests occurs. The individual should has the right of the-economic-public-interests during the process of recycling of the production of wealth, the competition of wealth and the enjoyment of wealth as well as the whole process of the former .Therefore it is necessary for the country to identify and protect the right of the individual-economic-public-interests by law. The right of the individual-economic-public-interests is equal substantially to the right of the individual-private-interests which can be increased rapidly and realized generally under the condition of the socialized production .This right of individual can be protected mainly by laying down and enforcing the economic law and the economic procedural law.