The Study On The Standards Of Interests Balancing

Concept law is gradually declining,and the law of interest gradually arises in the early 20 th century,the Japanese scholar who localizes the theory of interest based on the law of interest,makes the therory of interest measure in harmony with the Japanese rule of law.In the 1990 s,professor liang huixing brought the theory of interest to our country.Today,there is a lot of interest in juducial cases,but judging from the content of the sentence,there are differences.That is to say the scale of the measurment is so vague,some of the sentences even find it hard to see what standards apply.It is worth acknowledging that the application of the measure of interest makes the substantive results of the judgement more fair.But this is only a judgment that is measured against the absence of applicable benefits.In fact,the measure of intarest as a measure of discretion by the judge also needs to be constrained.The idea of restricted rights also applies to the theory of interst.The best way to gange interest is to determine the measure of interest.It is the demand of the study of the theory of interest measurement and the need of the democratization of the rule of law to establish what kind of interest measures should be constructed to deal with the complex interests of today.The purpose of this article is to determine the measure of interest,to regulate the discretion of judges,which makes Judicial decisions tend to be more legal and rationalized.This paper is devided into 4 parts:The first part discusses the theory of interests mesure criteria.This section includes the definition of the relevant concepts of the interest measure,the evaluation of the theory of the standard of interest,and the necessity of the measurement of the applicable benefits which is intended to provide theoretical basis for the full paper.The second part discusses a reflection on the standard of interest including the influencing factors of interest measure measure problem analysis,interests,interests measure of the target problem and measure of the ideal mode,which is for the next part.The third part discusses the standard model of interest measurement,mainly Including the construction step,the division and evaluation of the benefit,the value order,and the scale of the scale.which is the main part of this paper.The last part discusses how the standard model of interest is applied.An example "A contract dispute between the sauter company and the new entrants to the company" is intended to demenstrate that the standard model of interest in this paper is realistic and practical.