"Public interest"in Civil Code has two forms of expression,abstract expression and concrete expression.Both have a variety of expression patterns and a wide distribution of provisions.The specific reference of the former is vague and uncertain,while the latter can be subdivided into two types,the expression of the publicity of the subject and the expression of the publicity of the in-terest content.The different forms of abstract expression and concrete expression are reflected in form as logical relationships such as the relation of species and its genus,relation of genus and its species,and utterly different relation.While in content,they reflect the pure publicity and quasi-publicity of interests.Most of the public interest clauses in Civil Code belong to the sufficient condition hypothet-ical proposition,and the public interest is mainly located in the antecedent part of the proposition.The public interest not only affects the nature of norms,but also limits the powers or functions of pri-vate rights,justifies compulsive behavior,and serves as the foundation for the construction of the public ownership system.The key to the practical application of the concept of public interest in Civil Code lies in judicial concretization,and its approach to concretization has a naturalistic tendency.The general judgment of the publicity can draw inspiration from the judgment methods of public goods,and the specific judgment can be achieved through the application of dynamic system theory.
Civil CodePublic InterestLegislative ExpressionFunction of RegulationCon-cretization
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