Study On The Experience Rule Applied In Civil Trials

Experience rule is people in long-term of production, and life and the science practice in the by summarized out of about things nature, and State and the things between general contact of General knowledge or rule, stressed as evaluation evidence of experience knowledge should for has public property of General knowledge and non-referee who purely of personal knowledge, is mainland method Department national procedural law and evidence method in the using of concept, was general think is judge for free heart card of necessary pursuant to, while and constitute free heart card of inherent limit. Theory on a rule of thumb, and there is no uniform concept. Thumb with subjective and objective and abstract nature, rules, probability characteristics of, the dual attributes of both factual and legal issues. It includes both ordinary people know the general rule of thumb, also include special experience in the field of law. In practice most easily confused with some similar concepts of thumb, it is necessary to discriminate, accurately grasp the connotation of the thumb. Outside of the judicial practice has clearly a rule of thumb as the basis of the identification evidence assessment of the facts, established its legal significance. Two legal systems because of the difference in structure of litigation and litigation history, and culture, on the use of thumb exhibits different characteristics. Our awareness of the thumb from the continental law system countries and regions such as Germany, and Japan and China's Taiwan region research and application. With the deepening of discussion on evidence system in China and extended and on evidence in civil proceedings, the Supreme People's Court regulations on the number of the promulgation of the theory on its research in China is gradually increasing, there is also a typical case for using a rule of thumb in practice. But due to careless of rules of evidence, the judge of uneven quality and litigation system is not very perfect, coupled with judge discretion improperly exercised factors such as the civil trial practice experience in China has many problems to the application of the law, or without evasion, misuse or abuse, thumb application in a State of disorder. Civil action evidence system in China under the growing influence of free evaluation of evidence, thumb in fact, evidence assessment, important role in the looming on the law applicable, how comprehensive and accurate in theory basic categories of understanding a rule of thumb, thumb operation mechanism of building science, to correct trial practice reasonable use rule of thumb, is a theoretical and practical and much-needed attention and resolve issues. This requires evidence from legislation, the judge system, construction of the system and procedure system of scientific and rational set, at the same time we can draw useful experience of other countries, so that a rule of thumb in trial practice fully to play its proper role in better realization of judicial justice in real terms.