Social Sciences in China (Chinese Edition)

No. 9, 2024

On Application Methods of the Social Public Interest in Private Law

(Abstract)

Zhao Wanyi

As an important carrier for enhancing social welfare and achieving the values of fairness and justice, the social public interest is not only of great significance to the construction and improvement of China’s rule of law system, but also has far-reaching implications for the realization of a society based on common prosperity. While the involvement of private law in protecting public interests faces challenges in terms of justice, operability, remedies, and the attainability of value goals, its unique advantages in advancing the social public interest remain indisputable. Key areas for future improvement include adjusting the scope and focus of private law’s role in the public interest of society, establishing the dual goals of restriction and promotion, developing targeted mechanisms, applicable methods, and implementation tools to better achieve these objectives.