On The Method Of Operation In The Interests Of The Civil Judge Measure

Civil Justice in the interests of a measure refers to the process of the judges in civil cases the referee in the face of the specific facts of the case and the law, the following interpretation of the law and other laws and methods to interpret the provisions of the law, they can not accurately applicable law or is realized When cases of fairness and justice, have taken legal way to achieve fairness and justice of the case of a sentiment. Any theoretical research is to provide a theoretical basis and operational guidelines for the practice, research interest measure is no exception, for the study of civil jurisdiction in the interests of its goals is to measure the civil judge in the judicial practice in better use of the legal methods. This method of communication with the judicial practice of the method of operation of the bridge is a measure of the interests of inquiry and analysis, this paper is to measure the interests of civil jurisdiction in research and exploration methods of operation.This paper is divided into four parts altogether.The first part is a civil judge in measurable benefits outlined. In this paper, the history of this part of the law on the representation of the interests of measurable academic and theoretical perspectives factions briefly comb and conceptual sense to define a measure of interest.Pointed out that the 20th century, the emergence of interest law, put forward the theory of interest to measure, and as a legal method. Heck advocated the interests of legal benefits as a supplement to the actual measure of legal loopholes. Pound interest on sociological jurisprudence measure is carried out to reveal a variety of interests and a detailed classification proposed evaluation criteria on how to coordinate the various conflicts of interests. Japan’s interests with significant measure on legal tendency to play down the role of the referee, the focus is to determine the substance of interest measure, is an independent legal methods. Research on the measure of interest is originating from the 1990s, has been working hard to explore under legal theorists, has made a series of research results.The second part is the theory of civil judge in the interests of analysis to measure the operating method. This paper analyzes the interests of the referee to do this, take a "substantial legal basis for judging +" mode, from the analysis of the case and clarify the interests of the five aspects of reasoning applicable law, the real judge, referee secondary certificates and instruments, composing again operating method to measure interest in civil judge.The third part is the empirical analysis of the civil jurisdiction of the interest balance method of operation. This part of the analysis of typical cases for the above proposed method of operation, availability and usability testing methods of operation. This section is divided into two categories cited case, one general method of operation of the applicable civil cases, but the applicability of this method of operation analysis difficult in civil cases. The method proposed five steps above, in the general case and can be applied in difficult cases, but there are some differences in the application of the law, the real judgment procedure.The fourth part is a proposal to improve the measure of interest method of operation. Our theory stage method of operation for the study to measure interest has made great progress, but there are still some problems and shortcomings. This paper presents five proposals from the perspective of theory with practice, in order to measure interest in theory play a role in judicial practice.