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对公民基本权利和自由的确认与保障,是宪政的本质。行政机关只有追求公共利益时才能对公民的权利进行必要的干预。因而公共利益不仅限定了公民的权利界限,也为行政机关的行政权力界定了边界。然而公共利益是一个典型的不确定性概念,行政机关掌握着巨大裁量空间。为避免行政机关盗用公共利益之名而谋非公共利益之实,应在立法、执法及司法等环节中对公共利益予以界定和审查,把行政机关的权力限制在合理范围之内。
The recognition and guarantee of the fundamental rights and freedoms of citizens are the essence of constitutional government. Only when the public interest is pursued by the executive authorities can the necessary intervention be made on the rights of citizens. Therefore, the public interest not only limits the limits of rights of citizens, but also defines the boundaries for the executive power of the administrative authorities. However, the public interest is a typical concept of uncertainty, and administrative agencies have great discretion. In order to prevent the administration from seeking public interests in the name of embezzling the public interest, the public interest should be defined and examined in the legislative, law enforcement and judicial sections, and the administrative authority should be limited to a reasonable extent.