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公共利益范围的考量在学界一直是一个颇有争论的问题。在各国的法律实践中,对其理解也颇有不同。公共利益范围的考量通常是以公共利益和个人利益的对立关系为基础,并以“公益优于私益”为原则进行的。本文通过对公共利益范围多重属性的概括,提出在法律的框架下,当公共利益和个人利益的博弈达到公平性和合理性均衡时,才能真正体现公共利益对社会进步的积极意义。
Consideration of the scope of the public interest in the academic community has always been a controversial issue. In the legal practice in various countries, their understanding is quite different. The scope of the public interest is usually based on the opposite relationship between the public interest and individual interest, and is based on the principle of “public welfare is better than private benefits.” By summarizing the multiple attributes of public interest, this paper proposes that under the framework of law, when the game between public interest and individual interest reaches a fair and reasonable balance, it can truly reflect the positive significance of public interest to social progress.