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利益衡量是一种重要的法律方法,也将在“法治中国”建设中发挥其越来越重要的作用。进一步的分析表明,利益衡量论具有从客观结论到价值判断、从唯一结果到多项选择、从判决正确到裁判妥当等主导取向;因而也就决定了其先有结论后附根据、论证说理优于逻辑推演、外在视角多于内在视角等方法论特征。当然,利益衡量的司法适用,则需要遵循价值位阶、利益轻重、得失大小等指引性原则的制约。
Measurement of interests is an important legal method and it will play an increasingly important role in the construction of “rule of law in China.” Further analysis shows that the theory of interest measurement has the dominant orientation from objective conclusion to value judgment, from the only result to multiple choices, from the right judgment to the proper adjudication. Therefore, it also determines its prior conclusion followed by evidence and justification. In the logical deduction, the external perspective is more than the internal perspective and other methodological features. Of course, the judiciary application of interest measurement needs to follow the guiding principles of value and order, interests, gains and losses and other constraints.