The Application Of Interest Measurement Theory In China's Local Legislation

Interest measure method as a kind of applicable law, refers to when appear a variety of interests conflicts, measure the interests are protected according to the certain standard. Interest measure theory not only can be applied in the judicial process, it also can be used in the process of legislation. In the previous research results, interest measure theory is more used in the judicial trial, judge during the trial of specific cases, in the face of a variety of stakeholders interests, using the principle of benefit measure, to choose the several kinds of interest relations, comparative measure of the degree of all interests shall be protected by law, calculated the inner belief, sentence case. However, it is a kind of behavior in the judicial process by using the theory of interest measure and to judge the conflicts of interests for all stakeholders, but use the theory of interest measurement in legislation, at the start of the legislation to consider the interests of all stakeholders, to explore the possible conflicts of interest, through interest measure to balance the interests of the relationship between different interest subjects, and balancing the interests of various stakeholders, so conflicts of interest will be possibley scattered or suppressed, to solve the conflict of interest between the various stakeholders from the source, it is a kind of advance behavior. Especially introducing the theory of interest measurement in the process of the local legislation, adjust measures to local conditions, to develop a comply with the laws and regulations of this local characteristics, more can reduce the conflicts between different interest subjects, and better realize the democratization of our country. Local legislation as the basic legislation of our country, closer to the various stakeholders of actual life, and the impacts on the interests of the various stakeholders is more obvious, if we do not pay attention to the interests of all stakeholders, rather than rote the host law regulations to formulate local legislation, or only consider the interests of the minority interest subjects, not apply the interest measure into local legislation, and ignore the interests of other stakeholders, so after the local legislation developing, it is not effective implementation in place largely because of the lack of a wide range of interests subject or group's support, which also hinder the progress of the country law. Especially in the face of such as host law and lower-level law's cohesion, or local interests subject take place new changes and so on, local legislature should be applied interest measure to the legislation, use the interest measure on the issue or conflict in the interests of all stakeholders interests, strive to find a balance, the interests of all parties' interest demand can seeking common ground while putting aside differences and reach a consensus, thus promote the problem or conflict resolution and the progress of the legislation. So, in consideration of the importance of interest measure in legislative work, the interest measure should be used as a basic system used in our country legislative work, both at the national level the legislative work of the introduction of interest measure, as a basic system of rules file to the legislation, but also should be emphasized in the use of local legislation, apply the interest measurement into the process of the local legislation, from the proposed of draft legislation, review, hearing, feedback, through to the released, and so on, should inviting local various stakeholders involved, and fully express their respective interests, after the local legislators comprehensive measure the various interests demand, timely feedback and explain how the legislation of enact reason, make all stakeholders can understand the purpose of the legislation, and better abide by the provisions of the law. In brief, our country should be used the interest measure in local legislation work, to promote the work of local legislation, and implement local legislation purposes.