Interesting Measure Method In Judicial

Interesting measure method is a important method which is used to complement legal loophole and make the right referee. Especially with the development of society, Interesting diversification phenomenon is more and more obvious. This inevitably lead to the interesting demand diversity.In this case interesting measure method become more and more important. In abroad, interesting measure method have two different theories. Many scholars used two theories with indiscriminately. It is not good for Interesting measure method to guide judicial practice. Therefore, This paper based on the legal methods, from home and abroad research status, The necessity of Interesting measure method, application field, meaning, basic principles, the limitations and perfection to explain interesting measure method. Make people to understand and master interesting measure method in system. Meanwhile, because interesting measure method is used to guide practice, This paper based on the actual cases, Showed the specific operation process in the judicial practice.This paper is divided into four parts.The first part is reviewed the present research situation of interesting measure method. Many scholars overnight spree Japan and Germany two different theories. It is not good for interesting measure method to guide judicial practice. In order to make people have a system master, In this paper respectively present German and Japan theories and compare two theories. Concluded that China's social reality Japan's interesting measure theory.The second part is explain basic theory of interesting measure method. Included the necessity of interesting measure method, application field, meaning, basic principles China is in the period of social transition, interest subjects diversification, interesting demand diversity. This makes our pattern of interesting and interesting relationships happen great change. Conflicts of interesting become social problems.Therefore, interesting measure method is becoming more and more important. Through compare research about interesting measure method application field, the author tend to make interesting measure method as a universally applicable law methodology. The basic principles mainly include:balanced principle, Weight balance principle, profits maximization, Minimum damage principle, Advantage substitution principle.The third part is explain application of Interesting measure method in judicial. Firstly introduces the composition of interesting. Mainly introduces the object of interesting measure method. Reference the view of Liang shangshang and divided benefits into the specific interesting, group Interests, System interests and Social public interests. Secondly explain the method of interest measure and reference system. Again, Through the actual cases showed the application of interesting measure method. Finally, point out the practical significance of the interesting measure method.The fourth part is explain defection and perfection of interesting measure method. Any kind of method have flaws, Of course interesting measure method is not exception. The defects of interesting measure method mainly displays in abandon and abuse.According to the actual conditions of our country proposed the method of improvement Suggestions. First, to improve the quality of the judge in our country. Secondly, to establish specific borders for interesting. Finally, to express the procession and conclusion.