论经验法则在民事诉讼中的适用

Study on the Application of Experience rule in Civil Litigation

经验法则作为约束法官自由心证的一种客观存在的不成文法则逐渐受到司法实务界与学术界的重视。但如何准确适用经验法则,特别是在涉及专业问题的新型案件中准确适用经验法则认定案件事实,仍然是民事诉讼学者探讨的课题。本文从经验法则的概念入手,对经验法则的分类进行探讨,在明确经验法则分为一般经验法则与特殊经验法则的前提下,对民事诉讼中如何运用特殊经验法则认定案件事实进行了论证,并对我国审判实践中如何更好地运用特殊经验法则提出了自己的观点。

As the experience rule is becoming the established unwritten rule of restricting judges in factfinding, it has received lots of attention from the circles of both academics and judicial practice such as judges, lawyers and tbe scholars. But how to correctly apply the experience rule in fact-finding, especially in new type of cases involving particular professions,is still a controversial topic which scholars of civil procedure law are exploring？ This paper provides a definition of the experience rule and also discusses its classifications. Under the classification of general experience role and special rule, of thumb, the author analyzes how to apply the special experience rule in fact-finding,and makes proposals of how to better apply the special experience rule in China＇s judicial practice.