A Harmonious Society Perspective On The Interests Measuring Theory

As a legal interpretation of the interests measuring theory, is the important way in the practice of trial judges to fill loopholes in the law and making the correct referee must rely on. The administration of justice as an important tool of social control through the measure of the interest of the conflict interests identification, assessment, restrictions and protection to resolve social conflicts, mediation social disputes, and maintain social harmony and stability.Of course, interest measure is a double-edged sword, this highly subjective trial method, and use bad, the judges will be unconscionable and undermine the rule of law has been made by the strict construction of the results. These requires strict restrictions on the conditions of application of interest measure, a clear measurement, and guide the direction of the thinking of judges measure, to the maximum extent possible to objectively and scientifically regulate it.This article is from this perspective, in the interests of the theory study measured on the basis of summing up the case with the interests of the primary means of measurement, and draws the judges thinking steps. At the same time with construction of a harmonious society in the work of the trial, stressed that the people's interests above everything else, is to measure the interests of the premise and basic starting point is the basic requirement of justice for the people and concrete manifestation. For interest measure the maintaining social harmony and stability, is a bottom line that can not be crossed. It is pursuing legal effect with the social effects of reunification of the fundamental guarantee.As a mode of thinking of the interests of measurement, is a way of thinking for the trial judge. It requires judges to treat all cases of adhering to the legalization under the principle of active in the interests of measure to achieve the best effect of the trial. In this paper, Germany and Japan, two different interests to compare approaches to measure, pointed out that the two were different theories to causes and the social background, that the changes in China's society needs more measured interests just as the Japan's view and further that, regardless of the situation or from the traditional view of the status quo, the current trial is indispensable from the interests of measurable way of thinking.Talking about China's building of a harmonious society theoretical and practical significance on the interest measure at the same time, the paper also analyzed the method can be used to measure the interests of the risks and safeguards, and pointed out that the current judicial practice in the interests of measurement difficulties. Finally, in the end of the article, the author stressed that the interests of measuring construction of a harmonious socialist society is the legal solution, and pointed out the challenges to the Chinese judges and Expressed hope that the feelings for the Chinese judges to work hard to improve their own qualities, controlling interests in order to better measure.