The Research Of Benefit Measurement And It’s Application In Judicial Judgment

Benefit measurement holds that when processing the case, the judge need toanalyze benefits of the accuser, the defendant and society beginning with the factof the case, and then come to the primary conclusion by comparing and balancingthe interest relations to make clear the more important interest. This is calledessential judgment. Based on this, the attention ought to be paid to the legalregulations which can offer the essential judgment the reasons,which is calledlegal structure. The theory of interest measurement is put forward by Japanesescholars to restore the correspondence of interpretation of law in the social reality.Since its birth, this theory has aroused wide attention and reverberated theacademic and practice fields. It emphasizes the application of value evaluation,which pioneers the new path to remove the stiffness existing in the interpretationof law. The theory was introduced to China in1990s, and gradually becomes thehot topic in the field of Legal theory and practice.The thesis can be divided into four chapters:Chapter1involves the introduction of the basic theory of interestmeasurement, the analysis of logical thinking shown in its operation model, andthe summary of the reasoning process which is different from the traditionalsyllogism model. In essential judgment, the judge must analyze and balance thevarious interests based on the appraisal of the case’s real situation, and evaluatethe worth of those interests and values. The process to get the conclusion, in fact,is the application procedure of essential inference. In the stage of forming thetheory, interest measurement still insists on the syllogism reasoning model. Theconclusion is drawn from the major and minor presuppositions. As a result,interest measurement applies synthetically the essential and formal reasoning,which shows the perfect combination of form and essence.Chapter2talks about the concrete manipulation of interest measurement,including its range for application as well as ways, standards, and processes ofmeasuring. Chapter3discusses the application of interest measurement in administrationof justice and the necessity of adopting the theory in practice interpreted fromthree aspects. This parts also analyzes the relationship between judicature inancient China and interest measurement and then the actual application of interestmeasurement in administration of justice from the view of essential reasoning.Chapter4shows the predicament of adopting interest measurement inadministration of justice and comes up with the corespondent ways of solving theproblems from three aspects including the judge’s thinking habit, objectivity ofvalue appraisal and the abuse of interest measurement.