论经验法则的认识误区与实践困境

On Misunderstanding and Practical Difficulties of Empirical Rule

在诉讼领域,人们对经验法则有着不同的理解和认识,经常把经验、常识、自然规律、公理、科学定理和逻辑法则视为经验法则,把推定和司法认知与经验法则混为一谈,这不仅是对经验法则概念本身的误理,也导致了对证据法中的经验法则产生了错误认识,进而造成经验法则在实践中的尴尬。

There are different understandings of the experience rule in litigation： experience, common sense, natural law, axiom, theorem and logical rule are always regarded as the experience rule; presumption and judicial notice are also taken as the experience rule. It makes lots of misconceptionsof the experience rule as well as lots of erroneous misunderstandings of it in the evidence law, and then get the experience rule into trouble in practice.