The Question Of Balancing The Interests Of Legal Interpretation In The Judicial Process

The study of legal interpretation in the judicial process, is a study for the most original sense in legal interpretation phenomenon, which emphasis the judge as the explanation to interpret law in specific trial. The balancing of interest, also called legal interest, is the measures that the lawmakers in such case may be taken, after the judge balanced the weight of the conflict interests when the interests legal protected collide. Surrounding legal interpretation position, method and conclusions in the judicial process, using the method of balancing of interest to investigate the way of thinking when judge is as a legal interpreter, this paper discuss the judge’s powers in the process of making law, explore the interest’s coordination of using all kinds of legal interpretation method, and argues rationality of legal interpretation conclusions, which will be good for maintaining legal authority and improving the judicial trust.The first chapter is the question of balancing between the two positions of legal interpretation. There are judicial activism and judicial restraint of legal interpretation position in the judicial process, through the performance of the interest conflict between two positions and causal analysis, which answer the question of balancing between judicial activism and judicial restraint in the judicial process. The second chapter is the question of balancing of interests of legal interpretation method. This chapter includes basically three problems:the question of the rationality of legal interpretation method, the question of interests balance of diverse interpretation method selection, the question of balancing of interest itself as a interpretation method, which mainly points out the application of balancing of interest as a interpretation method in the judicial practice. The third chapter is the question of interest consideration of legal interpretation conclusions, which points out the problem of prerequisite and effectiveness for legal interpretation conclusions, and finally empirical analysis a typical case, aims to highlight the judge’s cautious attitude. This paper explores the questions of legal interpretation in the judicial process above, hope to be able to understand legal interpretation scientifically and completely, and hope to make us finding new problem and new ideas constantly.