法的基础是利益关系,而行政法则是以公共利益和个人利益的关系为基础和调整对象的,其目的就是实现这种关系的一致性。政府及其权力是公共利益的代表者和维护者,但是,作为政府工作人员的公务员如果利用公共权力追求个人利益就会成为公共利益的破坏者,这就构成了所谓的利益的公共悖论。所以,必须从利益的公共悖论出发阐释一下公务员个人利益和公共利益产生冲突的原因以及解决冲突的途径。 Law is based on the relationship between interests, and administrative law is based on the relationship between public interest and personal interests as the basis and adjust the object, its purpose is to achieve the consistency of this relationship. The government and its power are the representatives and defenders of the public interest. However, if civil servants as public servants use the public power to pursue their personal interests, they will become the spoilers of the public interests. This constitutes the public paradox of so-called interests. Therefore, it is necessary to explain from the public paradox of interest why civil servants’ personal and public interests conflict and how to resolve the conflicts.