Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 1

Edited by Jichun Shi

Renmin Chinese Law Review, Vol. 1 is the first work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.
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Chapter 2: On legal theories of public interest: an analysis based on the Need Spill theory

Selected Papers of The Jurist (法学家), Volume 1

Liu Taigang


While one researcher has written, ‘public interest is an old and new topic, it is an extremely abstract concept full of different understandings and defects, it is a strange and confusing basket that you cannot abandon,’ other researchers even deny the existence of public interest, declaring it to be just a myth. Due to dissatisfaction with definitions of public interest from the perspectives of politics, law, economics (public good theory or public choice theory), philosophy (public philosophy), etc. this chapter will discuss the law of public interest from the perspective of its concept function based on the need spill theory, in order to provide a set of easily operating methods for the judiciary and executive to identify public interest.

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