The Balancing Of Interest In The Criminal Justice Process

Balancing of interest in the civil law has been widely used, which naturally fit the civil law to its own characteristics, making it the status of civil law is also unusual. Balancing of interest in criminal justice is hard to find, some people think that crime and the penalty provisions of the Criminal Code naturally excludes balancing of interest. But balancing of interest in criminal justice also has a vast space, it can provide effective way for the trial of hard cases and be possessed of great significance.Balancing of interest has always hidden under the "veil" of the legal interpretation and it does not have its own independent status. This paper attempts to put aside this lawyer of "veil" and reveal the true balancing of interest under the legal interpretation, which is one of the purposes of this article. Balancing of interest as the inevitable outcome of the judicial process, many people worry about their application will bring about great uncertainty and unpredictability, and thus violates the principle of a legally prescribed punishment for a specified crime. The author attempts to explore balancing of interest and make people rationally understand balancing of interest, which is the second purpose of writing this article.This article has mainly adopted the way of knowing from the general to the particular and the research technique such as the deduction, the induction, the comparison, the links and the speculation. Through the case specific analysis, I hope we can deepen the understanding of balancing of interest and explore the important role of it in the criminal justice.This article consists of four components.The first part, the basic theory of balancing of interest.Through the investigation of balancing of interest, it reveals the close relationship between balancing of interest and the concept of law. Balancing of interest owns the rich content. There are important links between balancing of interest and interests, rights and legal interpretation. As a methodology, balancing of interest also has the rich content. In the process of application of the law, there are at least two conflicting interests. The judgments are not the only leading role of the balancing of interest. Thus, inevitably there is value judgment in the process of balancing of interest. Value judgment becomes the properties of balancing of interest. Of course, balancing of interest is suitable for simple cases and difficult cases.The second part, the necessity and feasibility of balancing of interest. There are conflicting interests, loopholes and vague language in the criminal law, which provides space for the application of balancing of interest. Balancing of interest does not break the principle of a legally prescribed punishment for a specified crime, it is within the limits of the principle of a legally prescribed punishment for a specified crime. Typology is divergent thinking. Through the typology, it can measure the relevant interests. It is the concrete application of typology to classify organized homosexual prostitution into organized prostitution. How to prevent judges from abusing balancing of interest and arbitrary decision? Strengthening the legal argumentation is necessary. Though the procedural justice and substantive justice the judges should give good reason in the verdict.The third part, the concrete application of balancing of interest in the criminal law. According to the different subjects, interests include the interests of victims, of the suspects, of the national, and of the social. In the process of the balancing of interest, at first, we should identify different interests. And then measure the superiority of the interests. Balancing of interest is affected by the objective and subjective factors. Victim-offender mediation and conviction and sentencing are the concrete manifestation. On the premise of respecting the parties, victim-offender mediation is the re-distribution and balance interests of the parties.The fourth part, conclusion. Balancing of interest provides an effective way to solve difficult cases and plays an important role in resolving the disputes and constructing of a harmonious society. With its unique flexibility and the times, balancing of interest brings dynamic for trial and improve the rigid situation of the criminal justice.