On The Application Of The Principle Of Interest Measurement In Civil Trials

Interest measurement as a legal method,arose in the 1960s in Japan.In the mid-1990s Liang huixing introduced it to our country.On the one hand,interest measurement is widely applied in civil trial,on the other hand,it is criticized because of its lack of objective measure and subjectivity,which may lead to judge's arbitrary trial.However,after all,interest measurement objectively exists in the civil trial.The existence of interest measurement four judges inherent subjective sense of justice,and the characteristics of civil cases has its inevitability.The existence of interest measurement also has its necessity from the view of the interest regulation mechanism of the law,the existence of legal loophole and the concept of un certainly,the appropriateness of the case.Therefore,it is necessary to further study interest measure.Through the definition of the nature of interest measurement,we can draw the four principles that should be followed in the civil trial,and four methods are given to regulate judge's arbitrariness.Thereby promoting the scientific application of interest measurement in civil trial,so as to exert the positive effect of interest measurement in civil trial.