Balancing Of Interests In Judicial Trial

As one method of judicial equity,The utilization of the interest measurement can traceback to the American`s pragmatism jurists and judges’ judicial practice in19century’s endsand the early20th century. The interest measurement is the process when facing the mutualconflict benefit, unable to make a decision by the laws and regulations in the judicial trial, thejudge utilization economic analysis, value judgment, general knowledge judgment and othermethods to carry on a choice of the benefit. In the judicial practice of the world, the utilizationof interest measurement turned into one universal tendency now. Our country had a profounddevelopment of the reform and open policy, the interest relations and interest structure alsohad the deep transformation,it set a higher request to the adjustment of interest distribution,the balance of interest coordination,and the adjustment about conflicts of interest.This article utilize the method of induction, comparison and case analysis to study theinterest measurement theory and its utilizationy in judicial trial from the two aspects of theoryand practice, so that making up loophole better, realizing the judicature to be fair,and topromote the harmony of the society.This article is divided into four parts, emphatically investigate the suitable principle ofthe interest measurement and the application in judicial trial.The first part: Introduced the research situation of the Interest measurement theory,elaborated the theory`s implication, promulgated the method of Interest measurementutilization is mainly the economic analysis method, the value judgment method and thegeneral knowledge judgment method, made the essential theory premise to prepare the deepresearch for the suitable principle of the Interest measurement.The second part: Elaborated the suitable principle of the benefit weight. These principlesinclude the benefit level principle,the maximum benefit principle, the principle of protectingthe weakone`s profit, legal effect and social effect consistency principle and benefit restraintprinciple. The intensive analysis of suitable principle of the benefit weight is helpful to thebenefit weight theory obtaining the full utilization in the judicial trial. The third part: Analyzed the necessity of the Interest measurement utilization in judicialreferee, promulgated that take the community policy and social mainstream value in thejudicial trial as the criterion in the benefit weight theory and followed the procedure ofdiagnosis, weighing and balancing, and proof revision.The fourth part: Inquired the flaw about the benefit weight in judicial trial, these flawsmainly manifest the abuses and negligence of the method of benefit weight. Therefore,theauthor proposed three improve measures: Improve the quality of judges, establish thereference standard of the benefit weight and open the process and the result of the benefitweight to the public.