Selected Papers of The Jurist (法学家), Volume 1
- Renmin Chinese Law Review: Selected Papers of The Jurist
Edited by Jichun Shi
Chapter 2: On legal theories of public interest: an analysis based on the Need Spill theory
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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