Application Of Interests Balance In The Administrative Adjudication

Today, absence of law is a problem in the practice of administrative adjudication so that interests balance becomes an important method that administrative judges use in solving the administrative disputes and to achieve justice. This article starts with the general theory of interests balance, combined with the characteristics and current situation of administrative adjudication, to analyze the significance of interests balance in the administrative adjudication. It also elaborates how to use properly interests balance method to obtain a sound social effect by citing plenty of cases and analyzing the various steps from case acceptance, trial to judgment. In addition, based on the practice of administrative adjudication, the article summarizes that special attention needs to be placed on interests balance in mass cases and cases with certain circumstances. To avoid the limitation in the interests balance, it is important to make the best use of the method, take hold of the timing, select the proper elements for consideration and identify the limited conditions, etc. At last, the regulations and supervision on judges' application of interests balance must be strengthened through various measures, such as making the interests balance procedure transparent, properly introducing the precedent system, enforcing judges' professional integrity and improving the outspread work of the lawsuits.