On The Interest Balancing In Administration Of Justice

It has a very important significance to discuss interest balancing inadministration of justice. As the last defensive line of social justice, whether the resultof justice is judicial will directly affect public’s faith to law. But for now, there is noa universal principle in judicial interest balancing, meanwhile, various scholars havedifferent points of view to its applicable rules and applicable constraints This paperattempts to start from analysis of the concept of interest balancing,then to exploreprinciples,specific operating rules which should be followed in process of interestbalancing and ways to standardized interest balancing.The article has four parts: The first part is an introduction, describes thebackground,significance of this writing,and literature review at home and abroadThe second part firstly elaborates the concept of interests and interestbalancing,the focus is the concept of interest balancing.In order to make the conceptof interest balancing clear,this section describes development process of interestbalancing theory, distinguishes concept of interest balancing from similarconcepts(consideration of interest, consideration of legal interest and value balancing),and analyses characteristics of interest balancing. Secondly,this part analyses premiseinterest conflict of interest balancing.Lastly,there is a deep discussion of necessity andscope of interest balancing.The content of the first part is the foundation of studyinginterest balancing in judicial process.The third part mainly focuses on elaborating the applicable principles andoperating rules of interest balancing. First of all, this part introduces the applicableprinciples of interest balancing:priority principle of public interest; principle of utility,principle of the balance of interest, principle of maximum benefits,principle of overallconsideration, principle of unifying legal and social effects and principle of fairness.At the same time, this part discusses the specific operating rules of interest balancingshould be substantive judgment plus legal basis,and then demonstrates how tooperate it in practice by using cases. The fourth part discourses applicable specifications of interest balancing injustice. Interest balancing itself has defects.First of all, Interest balancing itself is verysubjective, which will lead judges abuse their authority easily. Secondly, the authorityof law would be damaged because interest balancing is easily influenced by publicopinion.Therefore,there should be rules to regulate and standardized judges’ interestbalancing in justice. This paper presents the following suggestions: First suggestion islimited applicable rule,which means to limit applicable scope of interest balancing.Second one is principle of neutrality. which means to judges should always maintain aneutral position. Third one is principle of difference,which means to divide differentinterest according to different interest nature and then determine the rank of differentinterest. Fourth one is stare decisis,which means judges’ decisions should be bound byjudgments of previous similar cases. Fifth one is full reasoning,which means judgesmust be requested to have a open and full statement for the process of interestbalancing so that judge’s activities in process of interest balancing can be widelysupervised by the public and legitimacy of interest balancing can be ensured.