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如何看待和处理“保护私有财产与维护公共利益”的关系问题,是近两年学界、媒体及社会公众广为关注的热点话题。该问题本身带有很强的全局性、综合性和复杂性,也带有很强的实践性和社会性。因此,应当强调厘清“公共利益”这一概念的重要性,从法理学的角度分析“公共利益”的概念及其典型特征,以马克思的法哲学理论为指导去理解和把握“公共利益”与“私人利益”之间的关系。同时,庞德的法理学及法社会学理论对我们理解这一问题也具很强的针对性和启发意义。
How to treat and deal with the relationship between “protecting private property and safeguarding the public interest” is a hot topic that has drawn wide attention from academics, the media and the public in recent two years. The problem itself has a strong overall, comprehensive and complex, but also with a strong practical and social. Therefore, it is necessary to emphasize the importance of the concept of “public interest”, to analyze the concept of “public interest” and its typical features from the perspective of jurisprudence, and to understand and grasp the “public interest” The relationship between “private interests”. At the same time, Pound’s jurisprudence and sociology of law also have strong pertinence and inspiration for us to understand this issue.