Research On Method Of Interests Balancing In Justice

China’s socialist legal system has been built. In the "legal basis" premise, the focus of legal construction have is necessary turn into ensuring implementation of constitution and law. In recent years, more and more scholars made in-depth study in Legal methodology, as a method of Legal Reasoning, the method of interests balancing is Increasingly important in Legal methodology. Judges in China always use deductive reasoning which is more logical on account of Chinese law is Statutes. Because of the complex social relations gradually, and the growing number of difficult and complex cases, rely solely on deductive reasoning has been insufficient to solve social disputes in judicial proceedings, the method of interests balancing is a good supplement. This paper includes five parts. First of all, the paper discussed the author’s purpose, the significance of the topic,the main content, researching methods and summary of former’s researchers. secondly, this paper discoursed the concept of method of interests balancing, to sum up from the idea which the predecessors have and character myself. In my opinion, the method of interests balancing have four characters, they are argumentative,objective, unique and antidromic. The third part in this paper discusses the value of using method of interests balancing in justices. The value reflect in two sides. They are fill up the legal loophole and build the judicial proceedings in harmonious society. There are three legal loopholes such as original loophole, posterior loophole and contrary loophole. In the proceeding of judicial,judges could use the method of interests balancing to modify these loopholes.Benefit maximization is the requirement of the proceedings in harmonious society, in the same time,legal consequence and social consequence must be unified.If in judicial proceedings, judges could guarantee the factors above by using the method of interests balancing. The next part in this paper discusses the necessity of using the method of interests balancing in judicial proceedings. This part is described from those aspects that natures of statute law and justice and methodology of jurisprudence. The last part of this paper discusses the feasibility of he method of interests balancing in judicial proceedings. Benthamism and Rechtssoziologie and Jurisprudence of economic analysis are support to the method of interests balancing. In justices, the method of interests balancing must not be used in some unsure area. Interests of system are the main interest that judges must think of when use the method of interests balancing. There are some regulations about the method of interests balancing used in judicial proceedings. They are case guidance system, Written judgment reasoning systema and some other supervisal systems.