利益平衡在司法中的适用领域和范围（The applicable fields and scope of interest balance in judicature）.doc

利益平衡在司法中的适用领域和范围（The applicable fields and scope of interest balance in judicature） The applicable fields and scope of interest balance in judicature [source] law applicable, 2011 fifth [Keywords] interest balance; justice [year of writing] 2011 [text] As a judicial method, interest measurement has important significance, function and price in judicial process Value. How to use the method of interest measurement and the measurement of interests as a judicial method in judicial practice? What areas and scope are applicable is a problem that needs our attention. US Supreme Court in early 2009 A ruling has just been made in the case of Fiats merger with chrysler. In this case, the American side The plaintiffs asked the US court to prohibit the takeover, saying that the acquisition could pose a danger to the United States, which must have been included Interest problem. However, the US courts ruling was a surprise rejection of the ban on acquisitions By transaction. [1] why does the Supreme Court of the United States make such a decision? I think its mainly the United States The courts waiver of free trade and free market principles. There are a lot of questions we can think about, such as As far as interests are concerned, the ban on acquisitions may be beneficial to Chrysler shareholders and even to the United states. but Yes, the Supreme Court of the United States can not afford to give up the greater principle. Of course, we cant compare the American philosophy with our own practice and our S legal system Degree. But there are some basic issues that we need to discuss. Firstly, the balance of interests and the balance of interests are two related and different concepts. The balance of interests is a value goal, flat is actually a trade-off between parties. But Li The measure of benefit is a legal method, which is applied to the practice of law Measuring the difference of interests, the author finally finds that the judge considers himself in line with the interests