Research On Judicial Application Regulations Of Interests-balancing

At present,China 's research on the theory of interests-balancing is gradually deepening.In recent years,the use of interests-balancing methods to resolve conflicts of interest has gradually increased.However,interests-balancing has encountered problems of balance absence,balance errors,and improper balance in the process of judicial application.Therefore,it is necessary to regulate the judicial application of interests-balancing in order to improve the efficiency of solving difficult and complicated cases,better realize judicial justice,and improve the credibility of justice.However,the existing rules for judging the application of benefits to the judiciary have not formed a complete theoretical system,and the related research results also lack operability and cannot effectively guide judicial practice.Based on the concept,attributes and characteristics of judicial application of interests-balancing,this article combines the status and characteristics of judicial application of interests-balancing,analyzes the problems in the application of judicial application of interests-balancing,and regulates from the boundaries,applicable principles,and measurement standards of interests-balancing.The system is constructed and analyzed in combination with specific cases,and applied to the specific operating norms of interests-balancing in order to achieve reasonable regulation of the judicial application of interests-balancing methods and give full play to the role of interests-balancing in judicial practice.The "interest" referred to in this article refers to the expression of social relations under legal norms,adjustments,and protections,and the interests here should be understood in a broad sense.In specific cases,the interests are not only expressed as a legal relationship,but also A legal spirit or higher value objective adjusted and protected by law.And interests-balancing refers to a legal method for judges to judge the different interests involved in a case by combining economic,social,and value factors in the process of case adjudication,and to find a legal basis for balancing conclusions in the existing legal order..In the specific judicial application process,interests-balancing has both the attributes of “legal method”and “legal thinking”.Based on this,the balanceof interests is the unity of individuality and universality,subjective initiative and objective constraints,outcome determination and repeated iterations of processes.At present,the judicial application of China's interest measurement is on the rise,and the field of application has gradually expanded.It has become an important legal method for judicial trials in China..Among them,the active application,the pursuit of case justice,and the judge's foresight all reflect the strong subjectivity of interests-balancing,while the passive application,objective constraints,and seeking confirmation with legal rules all reflect the existence of constraints on the application of interests-balancing.The problems of measurement absence and measurement errors are basically due to the subjectivity of interests-balancing.In addition,the lack of clear interest measurement boundaries is the main reason for improper measurement,while the measurement absence and measurement errors are due to the judge's lack of grasp of the overall interest structure of the case.The measurement absence is mainly the lack of grasp of the type of interests and measurement errors.It is a wrong measurement of the level of interest.In order to solve the problems in the judicial practice of interest measurement,we can construct a regulatory system for the judicial application of interest measurement from the following aspects to promote the reasonable application of interest measurement.First,the judicial application of interests-balancing should follow the principles of legitimacy,limited application,and consequentialism,that is,the judicial application of interests-balancing must be within the existing legal order.Its purpose is not only to resolve individual disputes,but also to consider the social effects of adjudication.,Should meet the objective requirements of the overall value of society and legitimate incentives.Secondly,according to the specific application occasions in the civil,criminal,administrative and other fields of micro-level interests-balancing and the macro-level benefit measurement boundary,the clear boundary and scope of application of the benefit measurement are defined.Finally,based on the measurement criteria of interest structure,a "three-dimensional,four-level" interest selection model was proposed to make the judicial application of interest measurement more specific,more operable,and normative,so as to achieve judicial interest measurement.Appropriate reasonable regulations should give full play to the positive role ofinterests-balancing in judicial practice.