Empirical Laws Of Civil Judgment

Fact finding is the basis for the conclusion of a case.It is necessary to ascertain the facts of a case if the result is to be correctly applied.In judicial practice,not all cases have sufficient evidence to identify facts,which requires a lot of methods to assist,and the rule of thumb is one of the most important methods.The article selects the case of the second instance in Guangdong Province,and analyzes the data from the different dimensions of the years,the region and the case,and tries to find out the existing problems in the application of the rule of experience in the identification of the civil trial,and summarizes the regularity of the problems.Combined with the relevant basic theories of fact finding,this paper makes a basic theoretical analysis of the application of the rule of thumb.From the four aspects of the application of law,the rule of evidence,the principle of public order and good custom and the standard of proof,this paper expounds the application of the rule of experience in the fact identification,and finally puts forward the countermeasures and suggestions for the establishment and improvement of the relevant system for the use of the rule of experience.