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公共利益,从字面上理解,可称之为公共的利益,简称公益。虽然自古以来国家的形式变化多样,对国家存在的理由也有不同的解释,但是毫无疑义,公共利益是国家存在的正当性理由。行政法调整政府与人民的关系,公共利益概念是界定政府行为必要性的主要界限。由于公益概念的高度抽象性,在不同的时代、不同的地区、不同的主体对其概念和特征的理解也千差万别,在现今中国出现了假借公益之名,行戕害人民权利之实的丑恶现象。因此笔者认为,有必要对公共利益概念的理解确定一些标准,并且与相关概念作一番比较,以期对公益概念作出相对合理的界定。
The public interest, literally understood, can be called a public interest, referred to as public benefit. Although the forms of countries have been changing in diversity since ancient times, and there are also different explanations for the reasons for the existence of the state, there is no doubt that the public interest is the legitimate justification for the existence of the state. Administrative law adjusts the relation between the government and the people. The concept of public interest is the main boundary to define the necessity of government behavior. Due to the high degree of abstraction of the concept of public welfare, different subjects have different understanding of their concepts and characteristics in different times, regions and different countries. In China today, the ugly phenomenon of undermining the rights of the people has been perpetrated under the pretext of public interest. Therefore, I believe that it is necessary to define some standards for the understanding of the concept of public interest, and make some comparisons with the related concepts in order to make a relatively reasonable definition of the concept of public welfare.