Study On The Interest Measurement In Civil Infringement

The interest measurement is the common method of judges' handling the difficult infringement case in the current justice practice.Interest measurement is not an independent narrow interpretation method,but a mode of thinking in the whole process of legal interpretation,which has a unique theoretical status and practical value.This paper aims at emphasizing the application of interest measurement in China infringement adjudication,and try to put forward a set of implementable interest measurement method based on the analysis of the problems in the application of interest measurement,in order to makes the the to be fully operational to be fully operational in the civil trial.Based on the basic theory of interest measurement,this article explains the necessity and special value of the interest measurement theory in civil tort by discussing the development,nature and function of interest measurement theory.And summarized the interests level and the method of interest measurement in the infringement case,in order to facilitate the retrieval of interests when the judge uses the retrieval,and find the path to be used for reference.Finally,this article chooses the sample from the China Judgements Online to carry on the empirical analysis,and puts forward some suggestions for specifying the confine of interest measurement and improving the judge's professional level against the effect and the existing problems in the application of interest measurement method.