The Study Of Rule Of Thumb

The life of law lies in experience. Rule of thumb is an important system in civil procedural methodology. It runs through the whole process of civil procedure. Rule of thumb works on the free evaluation of judges, and influences trial of cases. The correct application of experience in civil litigation can help to find the fact and solve disputes to achieve fairness. Regulations on civil litigation evidence of the Supreme People’s court article nine:The following facts needn’t proof,(3) according to the law or fact and rule of thumb can infer another fact. And in article sixty-four:Judges should follow the legal procedures and audit evidence comprehensively and objectively. And judges should follow law and the professional ethics to judge the probative force by using logical reasoning and daily life experience. The reasons and result of judgement should be public. This is the specific provision of rule of experience in our country. This article is based on the research of the theory, characteristics and classification of the empirical law. It explors the application of the rules of thumb in different evidence system. The present situation of the application empirical law in our country is analyzed by using cases in the supreme people’s court gazette. Finally, some suggestions to approve the rules of thumb are put forward.There are four chapters of the article excetp preface and epilogue.Chapter one:The basic theory of empirical law. In this chapter, it makes a list of the definition of the rule of thumb and puts forward the own idead about the rule of thumb. Rule of thumb is an general understanding of the nature and normal relation of things that based on long-term production and life practice. And characteristics of rule of thumb is the dialectical unity of subjective and objective, unlimitedness and limitation,abstractness and concreteness of dialectical unity, the characteristics of probability. All kinds of views about characteristics and characteristics of the rule of thumb are listed and judged.Chapter two:The investigation of the rule of thumb in different evidence systems. This chapter investigates the rule of thumb in system of divinity evidence, system of legal evidence and doctrine of discetionale evaluation of evidence. Characteristics of rule of thumb in system of divinity evidence and system of legal evidence is summarized. And focus on the cases analysis of the application of the empirical rule in different countries of the continental law system and common law.Chapter three:The present situation of the application of empirical law in China. In this chapter the present situation of the application empirical law in our country is analyzed by using cases in the supreme people’s court gazette. The rule of thumb can be used by the judges and the litigants in civil trial. The function of empirical law is authenticatiing evidence, presumpting fact and reference to the law. There are some probles of rule of thumb application which is neglecting and misuing rule of empirical.Chapter four:The suggestions to perfect the empirical law applicable mechanism. The chapter puts forward some suggestions to approve the rule of thumb applicable mechanism by learning from foreign advanced experience and the analysis above. Strengthening specification of the judge’s application of rule of thumb includes following the principle of legitimacy, following the rules of evidence, applying with high probability of rule of thumb and strengthening the social cognitive structure of judges. The rights of the litigant to prove should be ensured. Perfect open discretional evaluation system by publicing the process of heart syndrom, publicing heart syndrome results, publicing heart certificate reason. The case guidance system should be establish. The empirical law provisions for appeal reason, retrial reason. Rule of thumb should be regulate on legislation. The empirical law can be the appeal reason and retrial reason. Rule of thumb can be stereotyped and systematized.