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Discussion On The Administration Of Justice In The Interest Balancing

Posted on:2011-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206360302992324Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the development of reforming and opening up, the interests'pattern of our society has undergone profound changes. How torationalize the structure of benefit distribution, coordinateconflict of interests, and balance interests severely challenges theactivities of judicial judgment.At the same time, because of the inherent stability andconservation of legislation, the law, in the face of real conflictsof interests, has inevitable limitations of regulation and controlfunctions. The continual emergence of difficult cases requires higherdemands to judges. That interests balancing as a legal interpretationor application method is applied in judicial activities more and moreand gradually plays a unique role in balancing different interests.But interests balancing is essentially a subjective action and hasits limitations and shortcomings. How to ensure and keep balancebetween law's stability and appropriate conclusion is an urgentissue for interests balancing theory applied in judicial judgment.In order to better use interests balancing to make up for gaps inthe legal regulation, maximally protect the legitimate interests ofthe parties, implement judicial fairness, promote social harmony, andavoid the judge's arbitrary measurement, this paper studies thenecessity and operational principles of interests balancing both fromtheory and practice with the methods of inductive, comparative andcase analysis.This paper is divided into four parts and it mainly focuses onthe application situation and operation process of the interestsbalancing.Part 1 mainly studies the historical development of interests balancing, its background and evolution. It provides theoreticalpremises for interests balancing.Part 2 studies the necessity and significance of interestsbalancing in judicial judgments.Part 3 mainly studies the premise and main situations forapplication of interests balancing with cases analysis. Interestsbalancing is mainly applied to hard cases such as fuzzy meaning oflaw, law articles'coincidence, loopholes in the law and ridiculouslaw.Part 4 mainly studies the principles of interests balancing andthree steps of operational processes: interests analyzing, interestschoosing and conclusion reasoning and revising.
Keywords/Search Tags:conflict of interests, interests balancing, substantial judgment
PDF Full Text Request
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