试析司法裁判中经验法则的适用

Analysis on Application of Thumb Rules in Judicial Adjudication

经验法则不只是人们日常生活中经常运用来进行逻辑推理判断的法则,在诉讼中当事人和法官也都要自觉或不自觉地运用经验法则进行诉讼和审判活动。经验法则在具体运用过程中绝不是僵死的,它和法官对案件事实认知的当下经验紧密结合,二者之间保持着一种动态的调适和平衡关系。由于经验法则是对过去经验进行的不完全归纳,有其自身的局限性,因而对其适用设置相应的规制是非常必要的。

Thumb rules are not just often used to carry out rule of logical reasoning in people＇s daily life,also are used by parties and judges consciously or unconsciously in litigation and trial activities.Thumb rules are not dead in the specific application process.It integrated closely with present experience of judge in cognitive on the facts of the case.They maintain a dynamic adjustment and balance relation.Since thumb rules are incomplete induction to past experience and have their own limitations,it is very necessary that corresponding regulation set up for their application.