Research On The Problem Of Irregular Application Of Empirical Rules In Civil Litigatio

Cases in judicial practice are diverse and complex,and judges in civil litigation need to consider multiple factors in light of the specific circumstances of the case when adjudicating controversial cases,and rules of experience must inevitably be applied in this process.The rule of experience plays an irreplaceable role in the evaluation of evidence,the determination of facts and the application of law,but once the rule of experience has problems in the application process,it will cause the decline of judicial credibility,and it will be difficult to meet the requirements of judicial fairness and justice,thus having a far-reaching impact.The "Peng Yu case" in 2007 not only brought about the public’s heated discussion on social issues,but also introduced "rules of experience" into people’s vision.Although a long time has passed since the "Peng Yu case",the controversy arising from the application of the judge’s rule of experience in the case is still typical for analyzing the problem of irregularities in the application of the rule of experience.In recent years,in judicial practice,judges’ application of rules of experience has shown a state of poor use or dare not use them,and the phenomenon of improper application of rules of experience has occurred from time to time.The application of rules of experience is an indispensable and important means in judicial adjudication,and plays an important role in making up for the lack of the burden of proof,restricting the abuse of free mental evidence,and satisfying judicial creativity.However,in judicial practice,due to the relatively rough and broad provisions of China’s laws on the rule of experience,and the subjectivity of the rule of experience itself and the influence of the judge’s own unfavorable factors,coupled with the insufficient participation of the parties in the rule of experience,under the influence of multiple factors,the occurrence of misuse and negative application of the rule of experience by judges in the process of judicial application.In view of this problem,this paper focuses on analyzing the specific manifestations and causes of the irregularity of the rule of experience in judicial application,starting from typical cases,and seeking good medicine for the appropriate application of the rule of experience,so as to achieve the purpose of safeguarding the legitimate rights and interests of the parties,promoting the improvement of judicial credibility,and satisfying fairness and justice.This paper is divided into the introduction,the body,the conclusion of three parts,the body is divided into three parts.The introduction part summarizes and summarizes the research background and significance of this paper,the current research status at home and abroad,and the research methods and innovation points of this paper.The first part of the main text starts from the typical case,explains the basic situation of the case,and analyzes the specific performance of the judge’s application of the rule of experience in the case and the points of dispute from the judgment,and the second part of the main text analyzes the connotation,characteristics,necessity and nature of the rule of experience from the theoretical basis of the existence of the rule of experience,and summarizes and analyzes the occasions where the rule of experience is out of norm,and summarizes the specific manifestations of the rule of experience.On this basis,the causes of the phenomenon of rule of experience dysfunction are analyzed from many aspects.The third part of the main text proposes corresponding solutions to the specific reasons for the irregularity in the application of the rule of experience,and strives to reduce the improper application of the rule of experience in judicial practice.The conclusion summarizes the content of this article.