司法认知制度探索

On Analyzing the Judicial Notice

无论哪个诉讼模式、法院体系亦或哪种类型案件都有司法认知的存在。它是人类理性与经验在诉讼中的映射,有助于在诉讼效率和司法公正的实现中找到理想的平衡点。掌握司法认知的基本原理,有助于法官正确司法,准确地裁判案件,避免错案的发生。

The judicial notice exists in any litigation model, court system and cases. It is an important judicial proven method and belongs to no--proving regulation . It relieves the burden of proof of the party and the judge can confirm the facts through the experience and the logic, which can balance the justice and the efficiency. At the current society, the exploring of the judicial notice links with the economy customs and regular life . It is limited that people comprehend the judicial notice by the logic and judicial policy and it would expound through its background and the judicial course. Grasping the judicial notice can help the judge to apply the law and judge the case and avoid the error case.