Interest Measurement In Civil Adjudication

The civil trial definitely will involve to the Interests of the measure , Interests of the measure takes as one of the law explanation methodology, then introduces our country, and gradually cause s the theorists and the judicial practical realm value gradually.It instructs judge the referee, the melt dispute aspect to display affects very greatly. But at the present stage, to the Interests of the measure's scope, code's research is not mature, it is necessary to conduct the deep research to it.This paper introduces the measure of interest based on the theory, combined with case-depth study to measure the interests of the civil trial, the use of the principles and methods to measure the practice of trying to explore the interests of the road. In addition to the introduction and conclusion, this article is divided into four parts:The first section describes the relevant theory and measurable benefits, including the meaning of the interests of the measure and theory and so on. The recognition of the interests is Namely that the judge to measure the subjective value judgments and maintain the structure of deductive thinking, at the same time, through a variety of value judgments in cases of late, and cons, pros and cons of scientific evidence and the reasons for the exchange of calculations to achieve the legal decision of the objectivity, validity.Measured primarily by the interests of the doctrine of freedom of Law, American Legal Realism and interests of the impact of law at this stage mainly Ichiro Kato said one English speaking and Hoshino.The second section describes the necessity to introduces Interests of the measure. Because of the deficiencies in civil law, the existence of multiple conflicts of interest in civil cases, as well as the requirements of justice in civil trials,so it is necessary to measure the use of the benefit. There is no express provision in the law appeared to explain a variety of circumstances, the application of measures will help judges to determine the interest. Because of the existence of multiple interests, the judge in civil proceedings is bound to its measurement and trade-offs. Interests of the measure set a certain standard to the judge, there is conducive to achieve a fair and impartial. Judicial's ultimate goal is to achieve a just and interests and adjustes to measure the rigidity of the law, the legal effects and social effects to achieve unity.The third part discusses the judicature suitable emphatically of the Interests of the measure. This part introduces the principles of Interests of the measure, the procedure and the limit. The Interests of the measure should follow the principle of suitable, the principle of overall evaluation and limitedly the average person standpoint principle, according to the benefit that benefit steps and so on balances and choices, conclusion examination and revision carries on. Certainly, Interests of the measure also has certain limitation. In view of its limitation, the article has made certain limitd to it, such as making some judgements when needs to carry on legally, and must clerk the public process of Interests of the measure in the referee copy.The fourth part discusses suitablely concrete judicature of Interests of the measure. the article introduces a case of"one false punishes ten", has carried on the case systemly description and the analysis, specially carried on evaluated thoroughly to each viewpoint . According to the Interests of the measure 's principles,the methods, the author proposes own viewpoint to this case's processing.The article refines both of the principles and the procedure of the Interests of the measure, establishes certain suitable standards of the Interests of the measure,and explains concretely appliment of the principles through the case. The innovation of this article lies in the system to summarize the Interests of the measure in civil action, comprehensively grasps its judicature to be suitable of the questions. The article has the strong theory value and the practice significance. Certainly, the article is also rough to the elaboration of Interests of the measure, but also has many places which need to consummate and improve, the next step will collect more cases, analyze in the case of Interests of the measure ,thus promotes theoryies of principle and suitablity of Interests of the measure.