Research On The Amomie Of Judicial Application Of The Experience Rule

In daily study,the cases we analyze are basically based on the given facts,but most of the real-life cases are complex and unclear.When the judge analyzes the facts of the case,once he encounters a case that is controversial and will cause public opinion,he needs to use the experience of daily life,weigh the interests of all parties,and consider related factors.Therefore,the experience rule has a place in practice.Since the Peng Yu case in 2007 introduced the "rules of experience" into people's vision,in recent years,the legal practice community has been discussing it more and more,and academic research has become more abundant.Although there are relevant provisions in the field of litigation,in practice,judges are still hesitant when using the experience rule to determine the facts,or abuse it,or apply negatively it,causing a lot of heated discussions.The above phenomenon is mainly due to the fact that the current application of the experience rule by the judge is still in the stage of practical exploration,and further review of the reasons for application and internal and external regulation of the application process are needed to conclude the adjudication rules suitable for promotion.By observing some cases of jurisprudence using experience rule,we can see that the application of the rules of thumb is problematic.In addition to the lack of culture of theexperience rule and its huge content system,there are also reasons for the applicators.To solve the problem of application of the experience rule,unilaterally regulating the judicial process or relying solely on the rule and system of the experience rule cannot solve the problem fundamentally.Therefore,this article will explore the causes of anomie from the experience rule itself and the applicable subject,the judge.Correspondingly,in order to solve the problem,this article will propose regulatory measures on the application of the experience rule from the perspective of the reviewer and the external system.Combing the historical context and development process of the experience rule is of vital importance to its applicable research.Therefore,the first part of this article first clarifies the connotation,basic characteristics and theoretical origin of the experience rule,and conducts the practical value of it in judicial practice.induction.On this basis,the second part of this article takes the main applicable subject of the experience rule—the judge as the object of investigation,and its trial and adjudication process as the path of investigation.It attempts to identify the judge's cognitive mode and thinking process in the adjudication process.This concludes the specific situation in which the experience rule applies to anomie.The third part of this article aims to analyze the reasons for the application of empirical rules based on the expressions and occasions of application of empirical rules.Through the analysis of the characteristics of the abstractness and subjectivity of theexperience rule,it can be found that the root cause of the anomie of the experience rule includes not only the factor of the applicator,but also the reason of the experience rule itself.Finally,in order to solve the problem of the application of theexperience rule,the fourth part of this article regulates from the application subject-the reviewer and the external system construction,so as to avoid the judge's arbitrary application process,with a view to the judicial application of the it in future civil trials.