西南石油大学学报(社会科学版) ›› 2014, Vol. 16 ›› Issue (6): 90-94.DOI: 10.11885/j.issn.1674-5094.2014.05.07.01

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On Recognition Criteria of Public Interest in the Economic Law

LUO Yuan   

  1. School of Economic Law,Southwest University of Political Science and Law,Chongqing,401120,China
  • Online:2014-11-01 Published:2014-11-01

Abstract:

The characteristics of abstractness and ambiguity of public interest make it difficult to define the concept of public
interest,and scholars differ in their opinions. Therefore,it is necessary to establish the criteria for public interest recognition
as it is the core of economic law. In economic law theory,the fundamental position of public interest is first ensured by
distinguishing it from other related interests. Then,recognition and definition of public interest are further strengthened through
the substantive standards like value judgment and categorization,and the procedure standards such as prior review and the
judicial relief mechanism. Thus the legitimacy and validity of the public interests in economic law is ensured.

Key words: economic law, public interest, recognition criteria, substantive standards, procedure standards