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On The Experience Rule In Civil Procedure

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuanFull Text:PDF
GTID:2296330479455147Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The life of law lies in experience, while the experience rule as a very important method in the civil procedure process, its use for ascertain the facts, evaluate evidence, decide the probative force of proof, meanwhile, it restricts the Principle of free proof of judges, and influences the cognition of judge on the case. The experience rule in civil procedure correctly can help judges to judge the fact of a case timely, and correct application of the law, to achieve fairness and justice. On February 4, 2015 in China promulgated by the Supreme People’s Court on the application of <Civil Procedure Law of the People’s Republic of China >the interpretation of the 93 rd article fourth and 105 th defined. The experience rule originated in Continental law system, which is in the long-term production and life practice of inherited and accumulated, and formed the conceptual knowledge with social universality between things’ normal connections or attributed state. The experience rule is the basis of determine the fact of cases and the applicable law, then formed the unwritten rules objectively in moral certainty.
Keywords/Search Tags:Experience rule, Civil Procedure, Principle of free proof, Guiding Cases, Expert assessor
PDF Full Text Request
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