The Theory Of Civil Procedure Of The Rule Of Thumb

During the process of things cognition of human beings, both the rational judgment and the empirical presumption are indispensable. Similarly, within civil procedure, for the purpose of discovery the truth of cases at utmost and providence a judgment in accordance with law and public will, judges will find facts and apply laws pursuant to empirical rule whether consciously or not. However, within the practice of Chinese civil procedure, there are some problems of the application of empirical rule. Meanwhile, the empirical rule was realized lately in China, and the research upon empirical rule is relatively weak as well. For the purpose of better realization of empirical rule of civil procedure in China, and let it be fully effectively utilized. This thesis conducts research upon the empirical rule of civil procedure.Introduction, this part introduces the reason and significance of this topic, the current situation of foreign and domestic research, the issues of this thesis, research approach and innovation points etc..Chapter1summaries the definition, origin, classification, features, effect and limitation of empirical rule. Chapter2conducts research upon the comparison the empirical rule between civil law system and a common law system. Chapter3analyses the application of empirical rule in facts finding and law application. Chapter4generalizes the problems of empirical rule of civil procedure in China. Based upon the above mentioned, Chapter5brings forward the measures for perfection of empirical rule of civil procedure in China.Conclusion, this thesis affirms the indispensable position of empirical rule in civil procedure, prior to indicates the self-limitation of it and the problem of it in China, and finally the mentioned problem shall be resolved by perfection of the system of empirical rule.