Application Of Balancing Of Interest In Hard Cases

With the development of the times, how to referee difficult cases that often plagued the judge. In the face of complex cases, when the law is not clear and the facts are not clear, how the ruling party is appropriate. The emergence of a large number of difficult cases, judicial difficult to dispose of conventional methods. If only according to the abstract of the law to make a simple explanation, there is no reason for the full, it is difficult to remove the people’s doubts and misunderstanding of the judicial referee. In the law, it is not clear that the judge needs the wisdom and experience to fill in, to improve the interpretation of the law should be, to make a fair, convincing sentence. For difficult cases should not only from the law applicable to the specification itself to analysis, but also from the interests of the measured point of view to re-examine the case, eyes on the trip between facts and legal norms, the referee’s appropriateness to repeatedly test, the results to the referee do substantial measure must be fully explain the reason and basis of referee.The purpose of the proceedings is to resolve disputes and eliminate differences. The parties through the judicial procedure to solve the problem, but also because of the existence of conflicts or competition. These abnormal conflicts of interest, the judge needs to measure the interests of the parties to make trade-offs, in the reasonable discretion of the referee to better achieve justice and justice.This paper is divided into four parts. The first part is mainly about the confusion of judges in difficult cases, which leads to how the judges should handle the disputes in difficult cases.. The second part describes how difficult cases should be defined, what types and the understanding of difficult cases. The third part describes the necessity of introducing the theory of interest measurement to difficult cases, and the development of interest measurement theory and the main points of view.. The fourth part with the interests of the measure theory to solve different types of difficult cases, and puts forward the means and ways to resolve the problem of interests of the measure is to provide appropriate and acceptable reasons and evidences for the referee. In the case of the abnormal complexity of the case, it is necessary to combine the specific situation with the different legal values, carefully weigh the appropriate referee. As a method, the judge must face the subjectivity of the interests, and break the rigid thinking mode of the concept of law, and provide the way of value judging from the technical level.