The Applications Of Benefits Measurement In The Civil Justice

Benefits measurement, as a special method of law, received constant attention fromthe theoretical and practical circles since the beginning of come into being. As an“excellent method” in the field of law, benefits measurement has innate superiority inaspects of make up legal loopholes, resolve hard cases, counterpoise the relationships ofinterests. After a hundred years of development and improvement, the method of benefitsmeasurement, has been widely used in national legislation and judicial activities by manycountries. In recent years, in pace with the rapid economic and social development, newinterest demands and relations take shaped constantly. The method of benefitsmeasurement plays an increasingly important role in civil trials.Compared to other methods, the benefits measurement has incomparable advantages.But, owing to the research is later than others, the theories and experience of benefitsmeasurement is deficient. Limited by the foundation of legislation in our country and thefeatures of benefits measurement, the usage of interest weighing confronted with manydifficulties in civil justice activities of our country. Systematic research is needed bytheoretical circles and judicial practice.This article bases on the elaboration of benefits measurement’s domestic andinternational research status, meanings, features, concepts and principles; launches theelaboration from benefits measurement will encounter difficulties and problems in theprocess. Base on the analysis of scholars questioned the prospect of the benefitsmeasurement in our country, I believe that the lack of specific systems and procedures, thefactors that may affect the final verdict is unknown, low quality of judges are the reasonsof benefits measurement difficult to employed in our country. Through the above analysisand research, I tried to propose practical solutions and provide the correspondingtheoretical support, by learn from foreign advanced theory and experience as well asanalysis the typical cases.