A Discussion On The Run Of Law Of Experience In Civil Procedure

Law of Experience is an important system in Civil Procedural Methodology; it runs through the whole process of Civil Procedure. The system works on the free evaluation of judges, and influences trial of cases. Law of Experience in Civil Procedural Law means the experience comes from the daily life or traditional culture helps the judges for the internal certainty from the knowing evidences. This paper focuses more on the run of the Law of Experience in civil procedural system, which means how the Law of Experience works in civil procedural methodology.This article has three parts: Preface, Text and Conclusion. The Text part has four chapters.The first chapter: mainly discusses the basic elements of the Law of Experience. In this chapter, I wrote about the concept, features and origin of Law of Experience. Among different kinds of concepts of the Law of Experience, I think the following opinion can hold water, which is, the experience originating from daily life or traditional culture, helping the judge with the valuation of evidence and securing the fact of cases. The features of the Law of Experience are: Specificity, Subjective and Mobility. Meanwhile in China, Law of Experience is not only originating from daily life but also Chinese traditional life.The second chapter talks about normal run system of Law of Experience. The purpose of this chapter is making a discussion on the effects of the Law of Experience make in Chinese trial system, and how the Law makes it. In today's life, the usage of Law of Experience should follow the guide of Civil Procedural Law and other relating laws, rules policies and so on. In the process of securing the facts, daily rules and basic principle are experiences should be trusted by judges. In this process, the influence of the Law of Experience showed on two elements: rules and procedure. In the element of rules, Law of Experiences helps the judges with the evaluation of the credit of evidences; in the element of procedure, Law of Experience helping judges with the justice of the standard of proof of evidence. Meanwhile, Law of Experience also helps the judge a lot in inference. In the process of using law, Law of Experience helps the judge with the explanation of legal concept and legal acts. In the last part of the chapter, I talk about a case in Chinese trial and explain the usage of Law of Experience in today's Chinese trial and the future.In Chapter three I compare how the Law of Experience run in Anglo-American Law System and Civil Law System. The chapter focus on the securing of the truth and usage of law. In the element of securing the truth, the basic rule in Civil Law System is Free Evaluation, and the usage of Law of Experience is conflicted by cases. In the process of evaluate of evidences, Law of Experience is the supplement of Law. Law of Experience also determine the effectiveness of evidences. In Anglo-American Law system, in evaluation of the ability of evidences, laws regulate the usage of experiences. In evaluation of the effectiveness of evidence, judges depend more on Law of Experiences. The two elements mix together. When using law, the civil law system usually use Law of Experience as premise, in Anglo-American Law system, experience contribute more on the justice. The final part of the chapter, I discuss about the inspiration on Chinese trial system given by the two legal systems.Chapter four, I talk about abusage and relief of the Law of Experience. In this chapter I focus on the unusual mode of run of the Law of Experience, which means, the Law of Experience is abused or mistaken used, and in this circumstance, how to relief the part. Meanwhile, I consider more about the trial system, and how to avoid abusing the Law of Experience.