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公共利益界定是对公共利益和个人利益之间的一种缓和,是对两者所代表的有着冲突关系的利益之间进行平衡,确保具体行政行为被维持在合理的范围之内。随着政府信息公开的深入,在某方面加剧了公共利益与个人利益之间的矛盾。有人将公共利益看成是个人利益为公共生活安宁进行的妥协和退让,认为公共利益的价值高于个人利益的价值。导致一个完全凌驾于公民个人利益之上的概念却没有明确的界定,有些类似中国古代刑不可知则危不可测的意味。孟德斯鸠有句至理名言“一切有权利的人都容易滥用权利,这是亘古不变的”而且在政府信息公开中,只要涉及到公共利益的滥用,就一定会涉及到个人隐私的泄露。个人隐私的无法弥补性和私密性就导致了一旦个人隐私被泄露,那么对个人的伤害是不可预知的,所以本文从界定公共利益应当明确的两点基础、公共利益界定的必要性以及公共利益进行界定的主体两方面来对公共利益进行探析,并提出关于怎样将公共利益维持在度的范围之内的建议,进一步来阐释对公共利益这个概念的理解。
The definition of public interest is a kind of relaxation between the public interest and individual interest. It balances the conflicting interests represented by the two to ensure that the specific administrative action is maintained within a reasonable range. With the deepening of government information openness, the contradiction between public interests and personal interests is exacerbated in some aspects. Some people regard the public interest as a compromise and concession made by personal interests for the tranquility of public life, believing that the value of the public interest is higher than the value of personal interests. There is no clear definition of the concept that leads to a complete superiority to the individual interests of the citizens, something similar to the unimaginable and unpredictable meaning of ancient Chinese criminal law. Montesquieu has a well-known saying: “All people who have the right are apt to abuse their rights, and this is immutable.” And in the government information disclosure, as long as it involves the abuse of public interest, it will certainly involve personal privacy Give way. The irreducibility and privacy of personal privacy lead to the personal injury is unpredictable once personal privacy is disclosed. Therefore, from the two points that should be defined in the public interest, the necessity of defining the public interest and the public interest The main body of the definition of public interest from two aspects to explore and put forward on how to maintain the public interest within the scope of the proposal to further explain the concept of public interest in understanding.