Balancing Of Interests In The Judicial Process

Along with the continuous development of society and the diversification of interests,interest measurement as a legal method plays a significant role in the practice of judicial, the hard cases, and covering the legal loopholes. At the same time, interest measurement is not always can be used well. Interest measurement in this paper, through a case to analyze the specific process of judicial application and the existence of shortcomings, to expect the method that can maximize the useful work.Except as preface and epilogue, four parts will be described in the following:The first part is mainly to introduce the case of zhi Rong Wei Ta Co. v. na-na xu labor dispute resolution, and excavate the focus and essence of the case, to get the substantive issues of conflicted recruitment autonomy and equal employment rights. Faced with the problem of how to conduct legitimate interests "trade-off", draw forth the core of this dissertation, interest measurement in the process of judicial.The second part introduces the interest measure from several basic questions. Firstly, to introduce what the interest measurement is, which concluded that it is a legal method of how to apply law in the judicial process. Secondly, the interest is separate into homogeneous interests, non-homogeneous, specific interests, group interests, and the masses interest,to correctly get the substance of the judgment. Finally, pose a question, is interest measurement really inevitable applicated in such as this case? Here by the argumentation of afouling legal interests, natural criticism of law, and the necessary in way which is in the application of law to demonstrate the inevitability of interest measurement.The third part introduces the interest measurement in concrete application of the case. This part includes two contents: First is the applicable principles of interest measurement.Through the analysis to the principle of should, interest rates and interest balance, interest measurement method is correctly applicated to this case. The second is the specific process of interest measurement. Through the analysis of“Substantial judgment add looking for basis and Legal argumentation is equal to the Judicial decisions”, process of interest measurement is clearly showed.The fourth part introduces the limited of interest measurement in the judicial application and suggestions for perfect. On the one hand, through case examples to demonstrate the shortcomings of interest measurement in judicial process,which including lack of maneuverability, uneven of the judge’s quality,the limited of judge’s independence. On the other hand, by analysis to executive agent of judges,execution standard, and execution environment,we put forward to the factors of interest measurement related to the judicial process which have been stated,to perfect the application of this method.