利益衡量作为法院判决疑难案件的常用方法,没有可确定和可预测的操作程序,主要靠法官的自由裁量。为防止利益衡量流于个人的某种主观恣意,即需对利益衡量方法的适用予以规制。一方面,可以借助于客观外在的因素。另一方面,从法官个人的知识素养、职业道德等内在因素入手,对利益衡量潜在的主观性予以规制。 As a commonly used method for judging difficult cases in court, the measurement of interests has no definite and predictable operational procedures, mainly depending on the discretion of judges. To prevent interest from measuring a person’s subjective wantonness, the application of a measure of interest needs to be regulated. On the one hand, we can resort to objective external factors. On the other hand, starting from the intrinsic quality of judges’ personal knowledge and professional ethics, the potential subjectivity of interest measurement should be regulated.