Balancing Of Interests In The Judicial Process

In both the circles of academy and theory, Balancing of Interests is regarded as a golden method, which is widely used in judicial practices. However, currently in China, the connotation and utilization of Balancing of Interests have not been thoroughly studied or well grasped. In essence, the process of Balancing of Interests is subjective, and the method of Balancing of Interests as well as its operational regulation and specific standard in practice have not been profoundly explored. In this sense, the study of the issue is of great theoretical and practical significance. The present thesis conducts the study from the following aspects. The first part is an overview of Balancing of Interests, in which the concept of Balancing of Interests is introduced, the constituents of Balancing of Interests are set and the necessities as well as the legitimacy of Balancing of Interests are expounded. The second part is the operation of Balancing of Interests, which analyzes the general principles and the applicable fields of Balancing of Interests respectively. Analyses in this part are fairly significant to testify the applicability of Balancing of Interests and pave the way for the following analysis of problems existed in Balancing of Interests. The third part involves the problems in Balancing of Interests and the solutions to them. Possible problems include the power abuse of judges, the doubt about judges' quality, the lack of judges'self-discipline, the ambiguity of the reasons for Balancing of Interests, the inadequacy of internal social supervision, etc. Based on these problems, analyses are presented to avoid them or solve them. Hopefully this thesis can be of some value for the expansion of ideas about Balancing of Interests and the standardization of sequential operation on Balancing of Interests.