The Application Of Balancing Of Interests In The Judicial Process

China is now undergoing social transition, a variety of new situations and newthings have emerged in endlessly. As people’s legal consciousness have beenimproved by strengthen our legal system, judicial authorities is facing an increasingpressure: the amounts of cases has been at a explosive growth; the case has becomemore and more complicated. At the present time, the legal system of our country isnot perfect. Many problems such as the highly ambiguity of our legal system and thelegal defects, causes the judges cannot reach the decisions completely by the legallogic reasoning. As a judging method, balancing of interests asks judges to reach adecision by analysis and considering the interests of the disputing parties, and thenchose the interests which worth protecting. This judicial method is very popularamong the judges.This article first induces the basic theory of the balancing of interests includingGermany interests law, American social law and Japanese theory of balancing ofinterests. This article then discusses the principle and operation methods of thebalancing of interests. At the end, this article introduces the case of Chaili Mine VSHuadong company and Huaxia Bank as a example to explain the detailed operationof the balancing of interests.