利益衡量论是民法方法论的重要内容,如何确定利益衡量的标准及能否确保得到妥当性的结论是利益衡量论面临的难题。利益衡量正当化的重点应转移到“消极的”规定上——探索容易导致法官恣意的原因,然后有针对性的制定“防范”规则,即“起于形式,落于实质。” The theory of interest measurement is an important part of the methodology of civil law. The conclusion of how to determine the standard of interest measurement and whether it is possible to ensure its validity is the difficult problem of interest measurement. The justification of interest measurement should be shifted to the “negative” regulation - to explore the reasons that lead to judges being arbitrarily arbitrary, and then formulate the “prevention” rule in a targeted manner, that is, . "