On Balancing Of Interest In Legislation

As we carry out the Policy of Reform and Opening to the Outside World further, socialist market economy enjoys rapid growth and social system is increasingly full-fledged, based on which the social stratum begins to disintegrate, social interest structure developing towards the direction of diversification among principal interest parts. Legal system is entering a new era for improvement and development. Against such a backdrop, new social problems, having laws involved, springs up like mushroom, all of which should be adjusted by laws urgently. Law, whose major function lies in balancing various conflicts occurred and guaranteeing people’s interest to the fullest, is the product of reconcile and compromise among different interest groups. Thus, as the foundation of legal activities, legislation becomes even more indispensible. Pursuant to the spirit of the 4th plenary session of the 18 th congress of Communist Party of China, we must adhere to the principle of legislation in the first place, then directing, propelling legislation and displaying its functions if we devote to build socialist legal systems with Chinese characteristics and a socialist country ruled by laws.In a modern society pursuing democracy, legislation shall not only embody the interest of social principal parts, but also, draw more attention to interests balancing when we are pursuing interests and trying to maximize them. For society nowadays, it is the one with diverse principal interest parts, it’s impossible for law makers to resort to a previous or extant interest hierarchy. They should make choices and coordination among all interested parties, balancing all sides through a valid process, and finalize the results in the form of legal documents. Balancing interests, on one hand, is the value goal to establish a socialist country ruled by laws. On the other hand, it’s a crucial way to uphold social justice and to build a socialist harmonious society. How to balance the interests of all parties involved through legislation remains to be a pragmatic topic, requiring unremitting study and research before we can work out an optimal interest distribution and adjustment solution, through which all conflicts and disputes can be eliminated and dissolved, finally, balancing legislation and social harmony. From this perspective, legislation itself, for its function and effect, is doomed to be important in modern legislation on interest measurement. This not only makes interest balancing possible but also makes interest measurement necessary.This thesis aims at researches on interest measurement, through which, tries to grasp the essence of legislation which is far more a process of benefit game under certain procedures and technical regulations, it’s a dynamic process for interest measurement. The purpose of this thesis is to try to further analyze such a dynamic process, reveal various interest conflicts and competitions before legislation, contemplate on better ways for interest coordination and distribution from the origin of legislation and discuss the significance to contemporary legislation in China, with interest measurement a methodology for legislation, against the backdrop that is to build a socialist harmonious society and accelerate the process of socialist country ruled by laws.