Application Of Interests Balance In The Administrative Adjudication

The current administrative adjudication is in the face of many problems, so it isbecoming more and more that the judges in the trial of administrative cases solveadministrative disputes by the means of interests balance intentionally orunintentionally, but it is extremely easy to cause the judges’ arbitrariness and contrarywhen judging in the same scale because of the subjective nature of interests balance,and the opposition of government and civilian in the administrative adjudication hashigher requirements to overcome the limitations above. Therefore, in this paper, theauthor integrates theory with practice to research the necessity and specific rules andother issues of interests balance in administrative adjudication by ways of casesanalysis, comparison and induction in order to let the method of interests balance inadministrative cases plays the positive role and balances conflict betweenadministrative organ and administrative relative person better.The first part discusses the basic concept of “interests balance”and concludesthe concepts of “interests balance” proposed by domestic and foreign scholars, thenthe author defines her own concept of “interests balance”, discusses “interestsbalance” related concepts, puts forward the applicable conditions of interests balance,moreover expounds limitations of interest balance in administrative adjudication.The second part analyses current administrative adjudications which is facedmany questions and gets the conclusion that it is necessary to use interests balance inadministrative adjudication, puts forward that interests balance can achieve the aim ofadministrative litigation, solve social complexity, make up the legal gaps, judge the rationality of the administrative discretion behavior, promote social harmony andhandle complex cases etc. Then the paper concludes the good effects of using interestsbalance when choosing the applicable law and the mode of judgments inadministrative adjudication in order to prove that interests balance method has activeand practical significance in administrative adjudication.The third part of the paper discusses the specific rules of interests balance from apractical point of view of the administrative trial in order to overcome the limitationsand to play a positive role of it. Firstly, the paper generalizes four basic principles ofinterests balance in administrative adjudication combined with administrative casecharacteristics, which is legitimacy, moderation, rationality of value judgment andproportionality. Secondly, this paper analyzes the trial process of a specificadministrative case using the method of interests balance, then puts forward that theprogram of interests balance should include: case analysis and interests identification,preliminary conclusions based on legal logic, substantive judgment based on interestsbalance, inspection and correction of substantive judgment, legal reasons and legalgrounds. In addition, by cases and analyzing the objectives that the interest balanceapplied to achieve, this part comes to the conclusion that public policy, social effectand the social mainstream values are the main consideration for interest balance inadministrative cases. Finally, from a point of view of administrative trial practice, thearticle analyzes the administrative cases which emphatically need to use interestsbalance. It includes mass cases, new types of cases, the cases involving political andpolicy and the cases dealing with administrative and civil, criminal proceedings. Fromthe vertical，The article puts forward that it should pay attention to the consistency ofmeasurement before and after the trial of a case, and from the horizontal, it shouldexplain the grounds and reasons in the judgments to which administrative cases applyinterest balance. At the same time, the article uses the theory of interest balance tore-examine the administrative reconciliation cases and points out that reconciliationcases to which interests balance is applied in administrative trial may contain atwo-times interests balance, that is a measurement and selection of the case itself andthe mode of case closing. It further proves interests balance is also applied to theadministrative reconciliation cases.