On The Basis Of The Two Cases To Analysis Concrete Application Of Empirical Laws

Because the legal system of our country is not particularly perfect,in some areas,the laws give the judges greater discretion.The rules of empirical plays a very important role in the trial,although the rules on empirical are limited in China,to ensure the impartiality of justice,ensure the smooth progress of the judicial activities,also guarantee the lawful rights and interests of the litigants to a lawsuit activity,empirical laws are the powerful tools for the reasonable limit of judge's discretion.Discretion is a double-edged sword,reasonable use can have a positive impact,However,it is regrettable that the application of the rules of empirical in our country is not balanced.Some regions are more developed,the judges have higher vocational training and personal qualities,and the rules of experience can be reasonably applied.However,for some of the backward areas,the people lack the common sense of law,the self-protection awareness is weak,some judges lack the professional cultivation and personal quality,the negative application of the rules of empirical,inevitably leads to unreasonable trial results.In this paper based on real cases as the condition,through the analysis and contrast the relevant concepts of the rules of empirical and laws,Three central problems needed to solve are proposed in this paper,and through the relationship between evidence and trading habits the author had a depth analysis.this paper adopted the methods of literature analysis,case analysis and comparison and the research of the thesis.In the process of writing,the author studied relevant materials and listened to the suggestions of teachers.The author thinks the perfection of function is the most important researchs of empirical laws.The legal system should have a cover when it has defects and empirical laws have the "make up" role of it in our country.The empirical laws for qualification of evidence,the evidence value as well as to the legal interpretation and reasoning function of the main facts that determines they should be used reasonably.As mentioned in the previous article,due to the imperfections of the legal system,there are few laws concerning the laws of empirical,some judges apply the laws of empirical negatively,and some judges abuse the laws of empirical.Along with the concept of governing the country according to law over the years,our country pay more and more attention to its effect on the development of the society under the rule of law,according to the basic national conditions of our country present stage,the stable advance of society depends on the rule of laws,and reasonable application of laws is the basic requirement of the rule of laws.The stable advance of society depends on the rule of laws,and reasonable application of laws are the basic requirements of the rule of laws.Even though some laws exist some loopholes,but in the spirit of legal basis,the judge can still according to the rules of empirical to make a more reasonable judgment,it can not only maintain the legitimate interests of the people,reasonable development is more conducive to social harmony and stability.so the author hopes that the government can strengthen the legislation of empirical laws,to ensure some judges use empirical laws with reason,so that the judicial resources can be maximized.