The Legislation And The Balancing Of Interests

With the continuous development of society, the interests of the community structure is constantly changing, co-existence of diverse interests, common for the scarce resources, in the face of the mutual interests of the various conflicts, the original legislative interests of the method of adjustment can not be achieved. Take into account the interests of all parties and promote social development. As a methodology, the balance of interest theory gives us an effective way to explain the law. Balance of interest exists in legislation, law enforcement and judicial developments in the process of the legislative. In terms of the interests of the legislative measure, it is to coordinate social interests of all parties, so as to taking into account the interests of all parties play a role. The development of society in the interests of making a choice, legislators have been unable to resort to a first in the interests of bands, but only through legitimate interest in seeking a balance of interests to measure the process, this balance depends on the specific scenarios and occasions. It also decided the interests of a modern legislative measure can only be specific, dynamic process. Therefore, the modern law can only be a complex and flexible choice of adjustment mechanism. In this paper, the legislative measure in the interests of the basic theory of building on the basis of focusing on empirical analysis, value analysis and norms of the three levels of modern legislation in the interests of the analytical measurement process and the use of public choice theory in the methodology Individualism, people assume that economic and political transactions that the three elements of legislation of interest to measure the dynamic process. With public choice theory and the basic research approach, the focus of the legislative process in the various interest groups and how to participate in the game, so the legislation can be avoided at this stage in the course of the many defects in order to achieve the balanced interests of the community.