The Application Of Rule Of Thumb In Civil Action

The rule of thumb, from long-term production and practice life, is the causal relationship between the nature of things or the general law of the state of understanding, playing an important role in evaluation of evidence and cognizance of facts for the judges. The rule of thumb is the concept of procedural law in Civil law system, which is inseparable from the system of free evidence. This rule of includes common sense of daily life experience, including science, art, technology and other professional knowledge. The rule of thumb has dual attributes, mainly in factual and legal issues. And it also has the characteristics of subjectivity, objectivity, abstraction, specificity, infinity, limitless, probability and so on. With the development of the evidence system, lots of new provision and judicial interpretation of the civil procedural law has arisen. In this condition, the theoretical study of the rule of thumb is also increasing in recent years. The constructive role of this rule in fact affirmation, evidence evaluation, law application has gradually been widely recognized. However, due to the limitations of the rule of thumb, coarse rule of evidence and unfavorable professional ethics, there are some problems such as the misuse in substantive law and the abuse of the rule of thumb in our civil trial practice, which hinder the judicial justice. How to comprehensively understand the basic categories of the rule of experience, how to grasp the law application in the civil procedure, and how to improve the operation mechanism of this rule to correctly and properly judge in the practice are urgent problems to be solved. Maybe, in order to make the rule of thumb play full in the trial practice to achieve judicial justice, legislation, procedural system, judicial education and other aspects need to be reasonably set.