Civil Action In A Rule Of Thumb

The experience rule is general knowledge or rules that induces the abstract empress according to the experience in the daily life,it is a judge in the civil case in court,with its special personality and occupations.the conduct and actions affirms the case fact and applies the foundation of the law, thus become the heart to make sure, and make a verdict to the case of, standard out of the law.The experience rule has three essence characteristics:the objectivity and subjective,infinite and limit,abstractions and materiality.The experience rule has important function to affirms the case fact and apply to law in the civil case in court.The experience rule has subjective,probabily,infinite three proper limit characteristics. The understanding of the our country theories field to the experience rule mainly comes from relevant theory of the Taiwanese region, Japan, Germany.Last century 90's ago,In our country,study the angle to see from the theories,rising the theories height of the usage experience rule that the factual experience is less,the research of the experience rule is also weaker,the article that announce publicly is not a lot of.In judicatory practice,because of the careless omission of the proof rule and more lowly of the law cultivated manners of judges,there are a few of bad penomenon,which some judge absolutely don not apply experience rule,mechanically apply law or abuse experience rule,affirm fact of case is placed in a kind of appearance of "super and free heart certificate",those influent seriously partys' rights. In the last few years, along with the judicial reform in our country push forward thoroughly, the experience rule's importance at supporting the judicial authority, carrying out the judicial candor;guiding the right usage of judge to cut to measure the power freely increasingly,is more and more valued, about experience rule's study result mainly involves definition, classification, property, function aspect etc. Although legislation did not take experience rule into the explicit provision,in the judicatory practice medium,the experience rule's right appliance also increase gradually .To our pleased,in December of 2001,the Supreme People's Court promulgated《some provision concerning the civil case in court proof》,and first time in this judicially explaining document made sure the experience rule in judge's fact affirm function.How accurate definition the content of the experience rule and postpone outside, the property of the experience rule?How to lead judge choose reasonably to make use of the experience rule to solve the judicatory ?At the same time how to design judge's system, procedure system and the proof system to avoid the judge abuse and the misapplication experience rule result in affirm the fact of deviation? These topics needs thorough research .