On The Measure Of Interest In Local Legislation

The application of the theory of interest measurement in our country is the need of the development of social practice,and it is also an important embodiment of the construction of the rule of law civilization in China.In the process of social practice,the theory of interest measurement not only applies to the field of justice,but also provides theoretical guidance for legislators to correctly measure the interests relationship between different subjects in legislation,and to formulate legal norms that meet the needs of society.Compared with the legislative activities,our research on the application of interest measurement theory in the judiciary is more mature,and most of the previous research results focus on the field of judicial application.But with the need of social legislation practice,in recent years,the application of interest measurement theory has been developing continuously in China's legislative practice.Our academia has also shifted the research of interest measurement theory to the field of legislation.Like the application premise of the theory of interest measurement in the judiciary,the interest measurement in legislation is also a process of judgement,selection and integration among the interests of all subjects.However,in the judicial interest measure is the judicial personnel on the interests between the parties has occurred according to a value judgment standards of behavior,is a kind of post in general;and the legislation in the interests of the measure refers to the conflict between the legislative initial on legislation to adjust or maintain the interests and other benefits may have to be considered and studied,to explore the possibility of a conflict of interest,balance between the various stakeholders involved in the relevant principles and standards and measured by the interests of the interests,seeking a balance of all interest groups,to avoid the possibility of a conflict of interest occurs from the root,is a ante behavior.From the perspective of local legislation,the introduction of interest measurement theory in the process of local legislation can guide legislators to comprehensively consider the actual situation of the region in the process of legislation,and formulate laws with local characteristics according to local conditions.But for the interests of the measure theory in the legislation of our country and there is no legal basis,nor a measure of specific standards,some experts and scholars also just from the personal understanding of the point of view of the interests of measure theory applied in legislation published their views,and not with the views of experts and scholars have the difference.Therefore,some experts and scholars call for legislation from the legislative level to define the application of interest measurement,clarify specific measurement standards,and make the application of interest measurement in legislation throughout the whole legislative process,and apply to the whole legislative system.Especially for the local legislation,the enactment of local legislation is more close to people's life,impact on the vital interests of the people is obvious,which requires local legislators should pay more attention to the interests of the measure in the application of the theory,according to standard and method,comprehensive consideration of various interests between subjects,looking for the balance of interests point between different subjects,formulate legal norms all parties can accept,so as to realize the maximization of social benefits.The implementation of a new system will encounter various obstacles,as our country,in the local legislative process by using the theory of balancing of interests may encounter problems,to protect the interests of departments tendency of interests expression mechanism is not perfect,the benefit of the strong local color,with the main difference between the interests protected etc.this dilemma,to a certain extent,restricts the use of the theory of balancing of interests in legislation of china.Therefore,in order to improve the application of the theory of interest measurement in China's legislation,and to achieve the fair distribution of social interests,it is necessary to establish the interest balancing mechanism in local legislation.The expression to further meet the demands of the interests of the people,the interests of the measure requirements to provide legislative workers should meet certain conditions for the expression of people's interests in different stages of legislation;legislative measure to establish local interests in the process of legislative standards for personnel to establish a correct measure of interest from the Legislative Thinking Guide;information collection,legislative staff the distribution,evaluation and other aspects of legislation to further improve the local legislation in the process of balancing of interests mechanism proposals.In addition,to further enhance the degree of using the theory of balancing of interests in the local legislation,should also strengthen the local legislative process to measure the interests of environment construction,such as open interest expression channels and improve the legislative process,communication and coordination between different stakeholders to further strengthen the citizens' legal publicity and education and the improvement of legislation public participation etc.