On The Application Of Theory Of Interests Balance In China's Civil Trial

As an interpretive methodology which emphasizes the value judgement, balancing of interest aroused huge repercussions and controversies. This article is based on the perspective of the lawful practice, discussing the details about the conceptions, history, current necessity, usage rules and methods, and limitions of this methodology. balancing of interest contains rules of individual, judgement, priority, and follows the rules of limited adaption, rational evalutation and comparison. The calculation methods include benefit level comparison, economy analysis, social effects proofing. The calculation process composes the investigaiton and analysis of benefits, the balancing, conclusion and adjustments. Balancing of interest has its limitation and needs more regulation to rebunk the basic defacts and prevent abuse.