On The Application Of Benifits Measurement In Judicial Process

Benefits measurement in judicial process is different from the general legal methods. It is a method that taking to obey rules and the spirit of law as a prerequisite. It is also based on the concrete details, the main social value concept, the folk custom, the real circumstance of party, the social and economic effect etc. The personal interests, social and public interests, organizational interests, current interests and long-term interests are also taken into consideration. It is also to try to lower the impairment of benefits or protect benefits as far as possible. While make the entire benefit to be maximal and judicial efficiency to be optimal. Finally find out the basis of laws and their theory, present the influence of law and society and show formal justice and substantial justice. Benefits measurement objectively exists in the judicial process of various cases, reflecting the rules of judicial activities. It is necessary for benefits measurement existing in the judicial process, which is determined by the basic nature of law, structural rules, limitation of law and the change of life. Benefits measurement has its defects with strong subjectivity, broad concept, fuzzy standard and uncertain argumentation process, which bring about wild abuse. To ascertain the condition and specific forms of judicial and the exclusion of the application situations. Thus that will increase the operability and bring the goodness of benefits measure into play, avoiding disadvantages. By doing that, can it form objective measurement standard, making the benefits measurement more just and appropriate in process of judicial application. Benefits measure as a judging method can be used in the judicial process with many specific methods, including the interests balance, interests combination, benefits analysis, interests rates, the results provement. The several methods integrate and cross each other. They can be applied separately, but also comprehensive applicable, for the interests of providing relative specific thinking method and clear ideas of measure for the benefits measurement, in order to achieving a balanced result and making maximum benefits. Conclusion of benefits measure should not only has legitimacy, but also be appropriate. It should be widely accepted by the social public, which is the goodness of the benefits measurement. It will make a difference for forming a relatively objective and uniform standards and methods.