On The Rule Of Thumb And Its Findings Of Fact In Use

In China, studies on the rule of experience (Erfahrungssatze) have become important these years. The studies enabled some scholars to propose important insights in perspective in procedural law and law of evidence, and the rule is also frequently embedded in the fundamental reasoning of the fact-finding process in trial practice. Nevertheless, in terms of legal regime, further developments are desired and awaited as to whether and how the rule of experience can be divided into different classifications and patterns, whether meaningful classifications can be performed based on the probabilities spectrum, with each classification exerting different functionalities in the fact-finding process.This thesis deals with these issues by methodologies of induction, deduction and critical analysis, with reference being made to the German legal literature as well as perspectives from Chinese scholarly writings and jurisprudence. It aims to drill down a comprehensive review over the hierarchy and possibilities of rational application of the rule of experience.Lastly, this thesis provides recommendations to formulate a logical framework to be employed in judicial decisions, in the hope of strengthening the transparency and verifiability of the fact-finding process in the judicial practice.