The Rule Of Thumb In Theory Of Criminal Procedure

The law derives from experience,whereas experience comprise various factors. The rule of thumb exists throughout each stage of criminal procedure, and it is also one of the most crucial reason of whether a evidence should be accepted. As Francis Bacon said,the rule of thumb is playing a vital role in criminal reasoning and discretion of whether accepting an evidence. Many scholars define it as the cornerstone of discretionary evaluation of evidence. In the case of abuse of the rule of thumb,imposing requisite restrictions on the judge discretion becomes a challenge in the process of judicial reform.Nowadays, study of the rule of thumb are focusing on civil field in china, as well as the legislation and the execution. On the contrary, there are few researches in criminal procedures,in addition by judges, the absence of criminal legislation, the abuse of discretion to the lack of standard of proof, and the at will adoption of evidences. Leading to a result that unjust, false and erroneous cases appear frequently during the past decade. The abuse of judicial power damn if the justice, and it also ruins the credibility of judiciary, Thus,both the application of law and the demand of the legislation of criminal laws but also more study of the rule the thumb in criminal field.