Applications Of The Legal Value Measuring Method In The Civil-and-commerical Trials

The jurisprudence of interests and interests balancing contribute a lot to get rid of the rigidification of the begriffs jurisprudence. However, the jurisprudence of interests which takes interests as an evaluation criteria, confuses the evaluation object with the standards. Although it sets people free from the shackles of the begriffs jurisprudence, it can't constraint the judes'arbitrariness in the evaluation process. Thus it gives bad influences to the legal certainty, the judicial consistency and the legal orders, and finally makes the post - modernist law deconstructs the modern legal system into legal nihilism in theories and pragmatic jurisprudence in practices.Nowdays the take-in method of the foreign legal value measuring theory in China not only makes a theoretical confusion, but also brings the pragmatic jurisprudence in practices.which is setting back the realization of the legal justice and eroding China's fragile legal basis. Based on the critically assimilation for the modern legal principles including the legal value measuring theory, and the distinction between interests and values, the legal value measuring theory and method is found suitable to China.Finding a general legal value hierarchy and providng a perfect legal value measuring method is an ideal dream hard to follow. To avoid the judes'arbitrariness in the evaluation process.it's essential to set up a legal value measuring principle and method. The legal value measuring principle should follow the legal value, obey the fundamental value and pursue the most advanced value in order to achieve the inner unity of the substantial justice in individual cases and the formal Justice in common legal society. This principle should take the objective value embedded in the legal rules and the fundamental oriented value of the legal princples.The proper applications of the method requirs the guidance of right theory. The establishment of the theory should not only inherit the good former outcomes,more important is to stand on the reality. The first two parts of this articl dedicate on the legal value measuring method based on the documentary research, the comparative study, the value analysis and China's legal reality. On the basis of that, it probes into the concept, the principles and the standards of the legal value measuring theory. As the applications and demonstrations of the theory, the third part of this article gives an analysis and discussion on the applications of the legal value measuring method in different circumstances, using cases analysis and inductive research, in order to strengthen the appropriateness and the feasibility.The proper recognation and application of the legal value measuring method are not only benefit for the judes to make the right decisions based on the law, but also have everything to do with the legal justic and the realization of ruling by law. The research to the methodology can certainly evoke the discution on the legal ontology, legal epistemology and the legal axiology. Thus it has fundamental meaning for the legal studies and constructions.