On The Procedure Regulation Of Civil Experience Rule’s Improper Application

The experience rule is a human form and produced in the process of understanding theworld exists objectively indispensable knowledge. It is a civil action in an important system,free evaluation of evidence for the judge bound to help judge the facts of the case rationallyidentify and correct application of the law has an important role. However, as a rule ofexperience, unlike the scientific theorems, laws that have stability and accuracy, so whenthe experience rule is applicable in judicial practice, tend to vary exist differences or sexualmisconduct. Although the rule of thumb for a free evaluation of evidence the judge has therole of constraints and limitations, but can not be ignored, because the facts of the case,where appropriate, the judge may render a decision on the results of an entity by means of arule of thumb, it will make the discretion of the judges will be because of the experienceapplicable law be expanded, resulting in a civil action appears misuses applicable theexperience rule. Additionally, in the case of improper application of the rule of thumb occurswhen the parties can not find a legitimate way of relief in the proceedings. On this basis, thispaper is to study how to be regulated on the level of civil litigation from the program existsthe problem of improper application of the experience rule.The paper is divided into an introduction, body and conclusion of three parts:Introduction The introduction of the Civil Procedure Law of the academic study of thesituation and the rule of thumb applies to civil judicial practice, the rule of thumb about theproblem.Text is divided into four parts:The first part is the basis of the theory of the experience rule. This section introduces theconcept of the experience rule, features, and then discusses the experience in civil lawoperation mechanism, namely the legal basis and the role of its existence in a civil action.The second part is the experience rule applies to a civil action in the current situation inour country. The first part is the author of Kunming Intermediate People’s Court for the objectempirical research, collation and analysis will be applicable courts of appeals experience from2008to the Nove.2013; Then I tried to hospital applicable law appeals experience theproblems of introduction, points out the problems and the current situation of civil justice thatapply the rule of thumb when hearing a case ubiquitous, and its causes from the start of both internal and external to do a more detailed analysis.The fourth part is a combination of improper application of the experience rule of a civilaction in the presence of the current status and to analyze the reasons put forward concreteideas the author of the improper application of the experience rule for program regulation.Highlighted the author specific programming regard to the improper application of the rule ofthumb for program regulation, including the contents of the review process, told the program,opposition procedures and appeals procedures of regulation in four areas; Finally, How theCivil Procedure Law in the appeal proceedings the existing system as improper the experiencerule applies for relief.Epilogue noted that although the experience rule in a civil action for the facts of the caseand the correct application of the law has an important role in litigation referee anindispensable logic applications, but its own existence subjective, abstract, concealment, etc.as well as those inherent defects in the application process, the referee subjectivity, lack ofappropriate relief channels parties to protect their legitimate rights and interests. In order toensure a more comprehensive experience in civil law can be properly and reasonablyapplicable program regulations from improper application of the experience rule for thelevel of civil justice that exist in practice be regulated, not only to standardize the rule ofthumb applies in civil proceedings, also able to promote the smooth conduct of the entire civilproceedings.