The Problem And The Solution Of Judicial Application Of Interests-Balancing Principle In China

Weber,a German social scholar,believes that the extreme of judicial rationalization is the application of the "principle of interest measurement" in judicial adjudication.The principle of interest measurement can not only make up for the lack of legislation,but also make up for the legal loopholes in the judicial system.It is also possible to make specific decisions universally acceptable and thus achieve good social effects.In this article,through reading nearly six years network published the relevant judicial documents written judgment,found that the number of documents from the principle of benefit measure applicable,principle of benefit measure increasingly brought to the attention of the judges in the judicial judgment,but still exist in the process of the applicable problem of different level.Not only is there a legal gap in the measurement of interests,but the uncertainty of the application of the principle of interest measurement also brings great challenges to the judicial judges of the judges.Investigate its reason,mainly because the principle of benefit measure is essentially a subjective act,and must be combinecd with the specific case of condition to decide,so the suitable principle of benefit measure to perfect the judicial judgment,only from the principle of benefit measure to determine the standard and effective regulation shall be applicable to the specific case of the scope of application of the principle of the perspective of principle of benefit measure to implement and the combination of judicial judgment,in order to realize the substantial justice of judicial judgment.Full text in addition to the introduction,mainly includes three parts,the first part mainly by investigating the Chinese judicial documents published online in the written judgment clear principle of benefit measure applicable cases,induction,principle of benefit measure analysis of the actual circumstances of the judicial practice in our country;The second part is to analyze the main problems in the judicial application of the principle of interest measurement.Based on the concrete cases,this paper analyzes the existing problems of the principle of interest measurement through induction.The third part is based on the problem of the second part,and puts forward corresponding solutions to the application of the principle of perfect interest measurement in jucdicial practice.