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审判过程在很大程度上就是法官进行利益衡量的过程。法官进行利益衡量时应考虑的因素有两类:直接冲突的利益和间接冲突的衡量标准。正是对诸多衡量标准的选择与衡平,才使法官获得了判决的依据。利益衡量的理想状态是穷尽所有和案件争议有关的衡量标准。对于私益与公益冲突的案件,对比例原则能否适用的衡量是审判的关键。
The process of trial is to a very large extent the process of judge’s interest measurement. There are two types of factors that judges should consider when measuring their interests: the measure of direct conflict and the measure of indirect conflict. It is the choice and balance of many measures that have given judges the basis for judgments. The ideal state of interest measurement is exhaustive of any measure related to the case dispute. For cases of conflict of interest between private interest and public interest, the measure of the applicability of the principle of proportionality is the key to the trial.