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“社会整体利益”一词已经成为现行诸多法律中频繁出现的重要词眼。而经济法的基本原则最核心的内涵就是注重维护社会整体利益。正是经济法固有的社会本位这一基本价值取向决定了其在法律体系中的地位。因此,对“社会整体利益”的认识和辨析应该是经济法中一个重要的研究前提。笔者从“社会整体利益”以及相关概念入手,然后以整体主义的观念进一步分析其本质特征,进而厘清“社会整体利益”的含义。
The term “social overall interest” has become an important word that frequently appears in many laws currently in force. However, the core connotation of the basic principles of economic law is to pay attention to safeguarding the interests of society as a whole. It is the inherent social orientation of economic law that determines its basic position in the legal system. Therefore, the recognition and discrimination of “the overall interest of society ” should be an important premise of economic law. The author begins with “the overall interest of society ” and related concepts, and then further analyzes its essential characteristics with the concept of holism, and then clarifies the meaning of “the interests of the whole society ”.