The Judicial Application Of The Theory Of Interest Measurement

It has been more than 20 years since professor Liang Huixing introduced the theory of interest measurement from Japan to China in the 1990 s.After years of research and judicial practice by Chinese scholars,the understanding and application of the theory of interest measurement have made great progress.However,at present,there is no systematic understanding of the theory of interest measurement in the academic and practical circles in China,especially in the judicial practice.In order to solve this problem,it is necessary and important to apply the theory of interest measurement in judicial practice.In order to better apply the theory of interest measurement in judicial practice,it is necessary to establish the standard of interest measurement.From the orientation of the interest measurement standard,the interest ranking provides the operability of the judicial practice for the interest measurement.At the same time,it is necessary to find the way of applying the theory of interest measurement in judicial practice.The theory of interest measurement can be applied in civil procedure,criminal procedure and administrative procedure.However,we should pay attention to the principle of legality,rationality,moderation and the maximization of overall interests.According to the procedure of clarifying the interests of the conflict,measuring the specific interests of the case conflict,finding the legal basis and forming the conclusion,the interests are measured.But the process of measuring benefits is not unregulated.In the judicial practice of our country,the application of interest measurement is limited by two aspects: substantive and procedural.In this way,the arbitrariness of the judge is eliminated and the maximum value of the benefit measurement is achieved.