The Experience Rule And Its Application In Civil Practice

The law life lies in experience, fundamental judiciary of that applying a rule of experience to hear a case is a judge one proper item ability. The rule of experience and "free heart certificate" system have the interwovenness connection, the sort thinks that it is inherent "free heart certificate" control mechanism. Civil try middle proper wielding a rule of experience, helping discover the law case objective true, makes to rule that the result high limit field approaches justice, realize a dispute thereby lawsuit target solving, commonness making a people's court work gaining the public of society accepts. The main body of a book aim at passing the rule of experience go into, some basis problem such as, cleaning up rule of experience connotation, value, discuss the rule of experience applation and limitation, suggest that suggestion, hope wielding a rule of experience's rationally are able to help to some extent to guiding to try practice much better.This article is four chapters mark except the foreword and concluding remarks.Chapter 1: foreword, introduce that our country court wields three typical case of rule of thumb in recent years, problem being going to discuss that submitting in this article.Chapter 2: Have discussed rule of experience creation background, connotation and characteristic. From history, the angle has inspected the background that modern significance rule of experience produces first; Have analysed rule of experience three aspect connotation secondly; The at last has studied infinity, objectivity, abstract and the probability characteristic had by rule of experience.Chapter 3: The rule of experience system value. The primo, the rule of experience are had discovering objective true value, the judge wields experience, understanding that self accumulates in the daily life, true false unclear fact, a high limit beneficial to restoring out approach just law case fact in feel law case; Secondly, the rule of experience has the value making up law limitation's, whose core is lain in "making law"; Once again, rule of experience have guard against wilful value of judge, this one value originates from rule of thumb objectivity characteristic.Chapter 4: Discuss that the rule of experience is in civil applying hitting the target trying practice. First, have discussed the relation that the rule of experience and evidence appraise, have discussed the valuation how, to apply a rule of experience to judge the evidence relevance, the authenticity, to may gather nature, and to embody to probative value concretely; Applying secondly, having discussed that the rule of experience hits the target in setting mind on law case fact; Have discussed that the judge applies a rule of experience to carry out the problem of law suitable for use finally.Chapter 5: Discuss the rule of experience limitation and how rationally to wield a problem. Include: the necessary summary and gauge make upper legislation pair of rules of experience go along, establish the law case according with Chinese characteristics guiding system, set up an interested party bringing forward counterevidence, the regulation questioning to the rule of experience, make wielding the rule of experience reason, perfecting collegiate system, cultivating fine judge quality and so on known to the public.Chapter six: the concluding remarks. The go into content having summed up the main body of a book, the significance pointing out a rule of thumb once again, the cognition to the rule of thumb must march from perceptual to reason, the go into to the rule of thumb must march from part to system...