Legislation Question From The View Of Balancing Of Interest

The deepening of reform and opening up in China’s economic and social developmentdrive into the transformation period, interest bodies and interest demand displays the diverseand common existed in the field of the diversity of common interests subject competing forthe limited resources, make more and more apparent conflicts of interest. The legislation as aenforced and universality of social norms to produce in the interests of the conflict andadjustment, the through the conflict to a party to the interests of the realization of the rightallocation and confirm the resolve conflicts. In the interests of all parties to the conflict in theidentification and selection process, interest measure method are particularly important.Interest measure method since the1990s, was LiangHuiXing professor to our translation,caused extensive concern of the academic circles, and in the civil law, administrative law, andother legal department of judicial practice found application. Interest measure as a legalresearch method, it is universally applicable value. But in the legislation used it to the study ofthe method are insufficient, this paper attempts to measure method of the interests in therulemaking is studied and analyzed, and the author to.The first part of this paper is to interest measure theory connotation interpretation. In thispart, mainly reveals the legislation the value pursuit of the legislation is soul, conflict ofinterest is legislation fuse, and expounds the connotation of interest measure methods andtheoretical foundation, this paper reveals the connotation of the conflict of interest in ourcountry and the characteristics of the conflict of interest. Legislation is from on macroscopicinhibit interests conflict means, if we are to achieve the harmonious processing conflicts ofinterest, be rational legislation, to actualize the legislation and justice.On this basis, the article the second part demonstrates the interest measure theory tolegislation in the practice of the necessity and feasibility. The main argument for necessityfrom sure interest bodies and interest demand, resolving conflicts of interest, balance theinterests assignment, promoting legislation public four Angle discussed. And from theparticipation of citizens in consciousness, the social system and legislative hearing systemthree aspects that interest measure theory and the feasibility of using legislation. Predictably,will interest measure method is very necessary implanted in legislation and feasible.The third part of the article mainly introduces the interest measure theory in the practiceof the process used in legislation and principle. Legislation in the interest measure mainperformance is identified and interests interest choice stage, in the interest of choice stage,lawmakers main value analysis on, economic analysis and equilibrium analysis. Interest measure as a kind of thinking method is subjective limitation, so should follow the freedom ofexpression, fair measure and interest difference principle.The last part of the paper, with the "law of marriage explain three" as an example, the useof interest measure method to analyze the interpretation of law behind the interest game andvalue pursuit. As the methodology of interest measure of legislation of the proposed incontemporary China will achieve rational legislation, legislation to provide a powerful publicjustice theory weapons.