Study On The Interests Measurement Of Modern Legislation In China

The survival and development interests related people, as its foundation and dynamic objects, people in need of social development, plays an essential role in human communication and the social activity. At the same time, the progress and development of human society is in the interests of the problem that he must be faced. With the development of China’s reform and social interests, the diversified development. In addition Chinese is currently in a period of social transformation, and social structure formed basically, there are different interest subjects in different areas, the forces between each subject to different extent, enhance people’s awareness of rights, more and more stakeholders stand out to appeal to their own interests, so that interests conflict phenomenon is inevitable. Moreover, a conflict free society does not exist, because without conflict and competition, the society is a stagnant society. Now that the inevitable conflict, and not disorderly development, the best way is to balance the conflict of interests. How to effectively, reasonable solutions to these conflicts of interest is directly related to the social stability and progress. There are a lot of conflict of interest, the legislative, judicial, balance measure moral constraints, the personal social values of the constraints and so on. But the legislation as a source of law, as the allocation of rights and obligations of means, an important criterion to measure people’s behavior, should give full play to social interests distribution function and control function.All the interest related people reflect the revision process, the conflict without help but it reflect on how to conflict of interests in the legislation,when accompanied by any problem? Why balancing conflict of interests in the course of the legislation faces those problems. If legislation when dealing with these conflicts is not an optimal solution, to improve the efficiency and effectiveness of legislation and solves the conflict? Modern social legislation is different from the ancient legislation which was only consider a single interest class subject requirements. It needs to balance the interests of conflicting interests in the situation of multi subject, and combined with our country’s conflict of interest. To find out the conflict and balance interests legislation problems and solutions in the main purpose of this paper is must to be done. The balance of interests in the legislation as an important way to resolve a conflict of interest, not only a certain degree of conflict with the stable development of legislation always and hinder the social order, but also indirectly promoted legislation to consider the needs of more people, reflecting the broader public opinion, make legislation more democracy and perfecting. The law reconciling the products of different interests, legislative process is a process of conflicts of interests and balance assessment. But at the same time, the legislation also has anti effect on conflict of interest, when the balance of conflict will produce a new conflict. The process of conflict of interest and the legislation is an interacting and mutually promoting. Interest wish an individual, society or group through political, economic, religious, moral, view of creation, the country’s legal system does not create interest, and the legislation as the initial stage of the method is to do by specifying the rights and obligations of the way to benefit admit or prohibited. But even if a lot of the legislative power of the modern state is unlikely to work out on every person, everything of the law. The legislative process can’t realize all, but it at least to care about the most thing, to take into account the interests of the overwhelming majority of the people demanding.