Study On Rule Of Thumb In Civil Proceedings

With the continuous advance of evidence system and in-depth research, rules of thumb have attracted increasing attention and concern from academics and practitioners. In civil trial practice, judges often use rule of thumb consciously or unconsciously. However, based on the own characteristics of rule of thumb, its precise definition is very difficult, academic understanding of the its meaning is also inconsistent. Based on sorting out different views on the rule of thumb currently from the academics, in present dissertation rule of thumb is necessarily defined. Value of rule of thumb in civil proceedings is analyzed from aspects of presumption of facts, evidence evaluation, choice of law, standard proof of legal justice and balance, and sense of conflict. Based on the purpose of reference, extraterritorial application and relevant regulation of rule of thumb is necessarily examined. Mainly using empirical analysis method, applicable status of rule of thumb in our legislation and civil trial practice is conducted a review, and it is considered that besides correct application, there is even more applicable errors with rule of thumb-the default state and the abuse of state of rule of thumb. On the basis of referencing the extraterritorial application of rule of thumb, recommendations are made accordingly to regulating and improving the application of rules of thumb in our country properly from the system level and practical level.