On Application Of The Interest Measure In Environmental Torts Cases

In China, along with the development of society, with the industrialization and urbanization process accelerated, all spheres of social life, especially in the field of environmental conflict of interest prevailing, the environment infringement cases has been increasing. But because of the defect statute, the practice of justice is no rule to follow is often encounter the phenomenon, and the judges can not refuse referee, which often result in confusion judges. Interest Law measurement methodology, as a principle, since being introduced in China, gradually aroused the theoretical circle and judicial attention and practical importance, and trial practice in more and more applications. The introduction of interest measurable ways to deal with environmental infringement cases for the judges provides a new way of thinking, however, as China's legislative interests measure of the scope of application of the principles applicable conditions are not clear, so we understand its necessity and rationality of the same time , we must also face up to its shortcomings and inadequacies.This paper attempts by the same two basic facts are different and the outcome of the case, thought to measure interest in the environment on infringement cases by the application of the relevant issues, trigger all the discussion of this issue, form a consensus and seek proper and reasonable access to the general public and decision support results, the protection of legitimate rights and interests of the parties to maintain law and order, achieve social fairness and justice, promoting our country's justice system development.First, the authors propose two According to the case study, this paper raises the topic.Second, the article discusses the interests of the reasons for the measure establishing the principle that this principle apply in the judicial practice of the need. At the same time, also expounded on the principle of measuring the interests of the prerequisite for the use and should consider factors.Then, the article focuses on environmental infringement dispute in the interest of the application and the reasons for the measure cited a specific factors should be considered, but also lists generated by the controversy and thinking, and two cases were analyzed.Lastly, in order to prevent the emergence of the judge's subjective assumptions and mechanical magistrate, the article proposed restrictions apply the principle of measuring the scope of interest.