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公共利益在实现过程中面临诸多困境。尤其是在我国城市化进程中,公共利益的异化、虚化和泛化现象严重,个人利益和政府利益也经常假借、冒用公共利益。程序规范是突破公共利益困境的重要途径,也是公共利益实现的应有之义。我国目前的制度安排和法律实践中忽视了程序规则。公共利益的程序规则包括公开透明的公共利益调查程序、民主科学的公共利益决定程序、公正公平的公共利益审查程序。程序规则并非绝对完美无瑕,不能将公共利益的程序正义绝对化。
The public interest faces many difficulties in its realization. Especially in the process of urbanization in our country, the alienation, blunter and generalization of public interest are serious, and personal interests and government interests often use the public interests as a false pretext. Procedural code is an important way to break through the predicament of public interests, as well as the due fulfillment of the public interest. Our current institutional arrangement and legal practice have ignored procedural rules. The procedural rules of the public interest include an open and transparent public interest investigation procedure, a democratic science public interest decision procedure, and a fair and just public interest review procedure. The rules of procedure are not absolutely flawless, and the procedural justice of the public interest can not be absolute.