| At present,the judicial trial is faced with the vacancy of the law on the adjustment of new social relations,and the judge can not refuse the judgment of the dilemma.In order to make up for the deficiency of conceptual jurisprudence,the method of interest measurement can realize the win-win situation of both parties,achieve the requirement of the unification of legal effect and social effect,and provide a new way for judicial work to get out of the current predicament.To determine interest division,the traditional material and property interests,spiritual interests,look forward to,the system and the scope of the social and public interests as a measure of heterogeneous interest measure to social consensus as the breakthrough point,to consider the individual preference demand,judicial trial to determine the interest measure.On the basis of the interests of the parties to the trial game with the judge’s own experience and found that the individual interests,similar interests measured in terms of throughput,to social consensus interests rates in case of heterogeneous compared to determine the priority protection,consider throughout the trial again expressed by the parties in the process of individual interests,finally check the judgement of value,the practice of judicial activities interest measure operation is completed.Although the interest measurement method has risks such as arbitrary judgment,insufficient measurement,and different judgments in similar cases,it will eventually become a sharp edge to help judicial trials break through the current predicament by adhering to the assessment of basic legal interests,disclosure of psychological evidence,big data supervision and procuratorial supervision and other ways to carry out risk control. |
