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利益衡平是法律监督主权在民的本质要求,是法律监督司法规律的内在要求。当前我国正处于社会转型期,法律监督应当注重利益衡平原则。在具体的法律监督过程中,应当注重强势主体与弱势主体之间的利益平衡;注重民生、公共利益与一般利益之间的分配平衡;注重人之生命、健康、精神权益与财产性权益之间的衡平调整;注重在普通罪过与恶意破坏公序良俗之间的制裁平衡。法律监督的利益衡平原则还具有加强对弱者的倾向保护,优化配置社会资源,解决利益矛盾冲突等功能。
The balance of interests is the essential requirement of the law to supervise the sovereignty of the people and is the inherent requirement of legal supervision of the judicial laws. At present, our country is in a period of social transition and legal supervision should pay attention to the principle of balance of interests. In the process of legal supervision, attention should be paid to the balance of interests between the dominant and the disadvantaged, the balance between people’s livelihood, the public interest and the general interest, the balance between human life, health, moral rights and property rights Balance adjustment; pay attention to the normal sanctions and malicious vandalism between public order and the sanctions of the balance between the sanctions. The principle of balance of interests of legal supervision also has the function of strengthening the propensity to protect the weak, optimizing the allocation of social resources and resolving contradictions and conflicts of interest.