Study On "Interest Measurement" In Administrative Jurisdiction

As an important means used in administrative justice, " interestmeasurement" arouses great concern in both theory and practice of civillegal fields. However, enough attention has not been paid to it by eitherexperts of legislation and administration or judges who put it in practiceconsciously or unconsciously though."Interest measurement" is, in essence,a subjective initiative rather than a standard stipulation supported bytheoretical system; which can easily result in its abuse. So it's necessaryfor us to study it to help the establishment of the system of administrativejustice. In this paper the author tries to sum up the practice and theoryof "interest measurement" by ways of analysis of the cases, comparisonand induction in the hope of benefiting the legal system in our nation. The first part of the paper deals with the concept of " interestmeasurement"concerning the conflicts of the interests of various sides(personal, systematic and social). The limitation of the fairness of thepresent legal system is the reason for and the practice of "interestmeasurement". 3In the second part the author analyses the necessity of the practiceof "interest measurement" in administrative justice. Although personalinterests and public interests are not incompatible in the state of thesociety, yet it is quite common that their conflicts often occur in theprocess of administration and jurisdiction as well. One of the objectivesof the court is to help maintain the stability of the society; which requiresjudges to measure the interests of all the sides involved before making acourt decision. The realization of the practice of protection, support andsupervision in administrative law suits depends to some extent on theimplementation of "interest measurement" by judges in solving interestconflicts fairly and legally. Some cases cited from abroad also prove thenecessity of the practice of "interest measurement" in administrativejustice . "Interest measurement" is so subjective that standardization of itsform becomes a must. So the third part sums up those rules followed by judgesin dealing with particular cases where, based on present laws interests ofall sides (personal, systematic and social) be measured item by item. Aconclusion can be made that the objective of "interest measurement" isto bring the interests to full extent reflecting the social concept of value,conciliation and fairness. In the last part, the author discusses the present situation facing thepractice of "interest measurement" in administrative justice by analyzingsome typical cases. The positive role played by "interest measurement"in particular legal cases is to help judges interpret the ambiguity of somelegal provisions with fairness and cultural value to achieve the unity ofsolemnity of law and its social effectiveness. And the author also holdsthat re-examination of some past administrative lawsuits with the guidance 4of the concept of "interest measurement" will lead to the reconsiderationof the questions concerning changes in the present administrative legalsystem so as to prove the need of the practice of "interest measurement"within legal system and the whole society as well. 5...