A Study Of The Application Of The Rule Of Thumb In Civil Lawsuits

The rule of thumb is of great significance for judges to deal with different cases.However,various plights have appeared in the process of applying this rule,giving the public a false image that this rule lacks of evidences.This situation is mainly due to the fact that when applying to this rule,there is no method of quantization,concretization,systemization involved,and the social environment is constantly changing.How to apply this rule with convincing affects is an issue that needs us to probe further.In order to apply this rule properly,and in the same time,prevent objective jurisdiction of cases,it is a must to provide a good basis for the judges.The author argues that it is necessary to establish statistic platforms and research bases nationwide for comprehensive statistics and general analysis,so that valid references can be provided to the judges when applying the rule.With large-scale statistics,the author explores how to help the judges apply this rule in two aspects,one is to improve the accuracy,and the other is to set up a tolerant social environment,so as to perfect the application of rule of thumb in civil lawsuits.