The Study Of Interest Measurement In The Judicial Process

The Law is an important tool for the control of society. It is a kind of special social norms to adjust the social interest with the help of rights and obligations. It is not prominent for the simple cases in the judicial process of balancing of interests, however, whenever met the difficult cases, the judge has to use the interest measurement to achieve justice for a case. Therefore, it is necessary to use the balancing of interests for the value of justice of the law. From the judicial precedent set and on the basic analysis of a typical case, this paper puts forward the importance of the balancing of interests in the application of law. This paper is divided into four parts:The first part points out the necessity of use of balancing of interests in judicial practice on the bases of case analysis and induction. Measure of interest occurs mostly between legal rules, principles, provisions, and the contradiction of the law and the concrete case. From this point of view, balancing of interests is necessary and must be used for the justice of the case. That is to say, the interest measurement is necessary in judicial practice.The second part, based on the question of the first part, further demonstrates the necessity of balancing of interests to achieve substantive justice and the principles must comply with in the use of evaluation of interest.The third part, the author summarizes and demonstrates the principles and steps of the interest measurement according to the practical application of interest measurement in judicial judgement. The principles should adhere to in the interest measurement are proposed mainly from the supervision of the correct exercise of discretion and the prevention of judicial arbitrary. In order to guarantee the validity of interest measurement, the author had a further study of the steps of the interest measurement according to the actual operation of judiciary.The fourth part, on the basis of the above three parts, outlines the main factors should be considered to measure interest in the verdict so that it could be more conducive to the justice of the specific cases.