The Balancing Of Interests And Regulation In The Judicial Process

Along with the continuous deepening of reform and opening up, China’s social intereststructure has undergone profound changes, how to adjust interest allocation pattern,coordinate the interest conflict, balance the interests relations, this has become the process ofjudicial judgment task.Balancing of interest theory is becoming our ancient Chinese literature search industrygenerally accepted to be able to solve this problem for.Balancing of interest theory is in thecritical concept law science foundation, proposed by interest School of law, the AmericanSociological Jurisprudence, the development of Japanese Civil Law Hermeneutics to thebalancing of interest theory developed to the peak. Now, balance of interests has becomewidely recognized legal method.But after the full development of the balancing of interesttheory was introduced to our country in after facing new test, interests balancing in judicialadjudication implication as well as the location in the measure of interest as the legal methodsin judicial practice in China to play, therefore, first of all to the interests of the Chinesemeasure connotation and positioning clear.In judicial practice, interest measure is defined as judges in the judicial process, the lawrecognized by the conflicting interests, were tradeoffs the final choice of the need to protectthe more important interests, and seek the corresponding legal basis will be justifiedconclusion, legal activities.Decision of judges is essentially interest thinking, and balancing ofinterests can be called the essence of judicial judgment method.Interest measure through thejudicial process from beginning to end, from the identification of cases, finds evidence toconclude and applicable laws are inseparable from the interest measure.Interest measure in essence is a kind of subjective behavior, more dependent on thesubjective initiative, which has inherent limitations and shortcomings, the feasible means ofrestraint judges initiative "beyond" play, the guarantee law’s stability and the result ofcompromise when can achieve balance, interest measurement theory in judicial practice thebiggest problem facing.In this paper, the theory and practice foundation of judicial judgment, balancing of interests in the key issues and seek regulation interest measure countermeasure.The balance of the interests of regulation is not independent of the question,"do" or"abuse" reason is not merely because the interest measure application itself.Interest measurethe referee environment to a greater sense of balance of interests, this paper holds the interestmeasure regulation point of view is: the balance of the interests of regulation is essentially aperfect application of interest measurement interest measure, method of application, principleand is also the regulation principle and method of balancing of interests.In addition toimprove the quality of judges is also of interest to measure the important aspect of regulation.This paper is divided into three parts, discusses the judicial adjudication in China interestto measure the basic problem and its regulation scheme.The first part introduces the interestmeasure of combing the basic concept and theory of development.The second part is theinterests balancing in judicial adjudication of the basic theory, including the definition,orientation and necessity, for the regulation of content of theory.The third part is the focus ofthis paper, analyzed the interests balancing in judicial adjudication system reason and theregulation principle and method.