Research On The Application Of Rules Of Thumb In The Process Of Proving Drug Crime

The rule of thumb originated from the legal theory of the civil law system.Although our country’s legislation has clarified the important position of the rule of thumb,the meaning of it is still full of ambiguity and uncertainty.It is necessary to clarify the concept of the rule of thumb.From the perspective of the development process of the litigation proof system,the rule of thumb is a rule that comes from experience and can play a binding role in preventing judges from arbitrarily using experience.The rule of thumb consists of two parts: experience and law.It is legal knowledge or rules that conform to higher probability and socialist core values.And at the same time,It is based on universal and abstract experience.In litigation,the application field of the rule of thumb is to presume facts and evaluate evidence.By applying it,the facts of a case can be deduced from known facts.Or by using empirical rules to evaluate the authenticity of evidence,and on this basis to determine the facts of the case.The purpose of both is to establish the facts of the case as a minor premise.After the facts are identified,the judgment conclusion is finally drawn according to the corresponding legal norms,which is the application logic of the rule of thumb.In criminal proceedings,due to the difficulty of proving drug crimes,judges often need to apply empirical rules.By applying it to determine the facts of the crime,so as to effectively combat drug crimes.In the process of proving drug crimes,the application value of the rule of thumb mainly includes two aspects: fact determination and evidence evaluation.In the field of fact-finding,the rule of thumb mainly acts on the presumption of conviction and sentencing facts.In the field of evidence evaluation,the rule of thumb is mainly used to evaluate the authenticity of the defendant’s confession and defense,witness testimony and other oral evidence in drug crimes.Despite the importance of applying rules of thumb in drug crime cases,there are still some problems for judges in applying the rules of thumb.This is because the practical application is still in the exploratory stage.These misunderstandings include the use of experiences that do not have a high degree of probability,the improper application of the rules of thumb,the lack of complete procedures to ensure the application of the rules of thumb,and Lack of communication during the application process.In conclusion,appropriate measures need to be taken to regulate the application process.These measures include that judges need to follow some principles when applying the rule of thumb,regulate the procedure for judges to apply rules of thumb and standardize interpretation in judgment documents,as well as grant the defense the right to appeal on the grounds of error in the application of the rule of thumb,etc.By taking these measures,we can ensure the rational application of the rules of thumb in drug crime cases,and effectively give full play to the unique value of the rules of thumb in drug crime cases.