Construction Of Harmonious Society And Application Of Interest Balance Theory

The advocacy for harmonious society increases with the promotion of the socialist legal construction. Harmonious society should be the society of interest balance. Thus, how to face the generation and change, use and solve of the complicated interest relations in the society are the key to ensure the society in harmonious development. Interests must be measured to balance interest relation. The theory of interest balance should be comprehended deeply and the principle and method of interest balance must be mastered. As a methodology of legal interpretation, balance of interest is applied to legislation and judicature. There are many differences from the beginning of the research of this theory due to the impacts of different systems and backgrounds. The theory is criticized severely for lack of the convinced rule of interest balance. But, Law loopholes are inevitable in the limit of cognition and language etc. The rationality of interest balance theory should not be denied for its inadequacies. Deep-level research should be developed with the deficiency of interest balance theory. This research paper consists five parts and mainly discusses the application of interest balance theory in building harmonious society. In the first part, the author introduces the basic categories of interest balance theory and analyzes of the meaning of the interest, the origin and development of the concept of interest balance, the generation, development and theoretical and practical meaning of the interest balance theory. In the second part, the article analyzes the relation of interest balance and harmonious society, inharmonious factors in the harmonious society and the legislative, judicial, law-enforcement methods to solving the interest imbalance which impacts on society harmony. The third part of this article is the analysis of the interest balance application, such as application methods, rule of application, constraints and so on. In the fourth part, the article discusses how to balance the interests from the legislative viewpoint of harmonious society. It is the process of interest identification, interest choice and interest expression. In the fifth part, the author probes how to balance the interests during judge's jurisdiction and analyzes current law status in the legal field, the application scope, goal and judicial system improvement of interest balance from the judicial viewpoint of harmonious society.