论民事审判中的经验法则-民诉专业论文.docx

take on universal characteristics by comparing the experiences rules to the logic rules. The concepts of the logic law are law of identity, law of excluded middle, law of contradiction and law of enough reason. Its main function is to deduce the unknown truth from the known truth based on the experience rules. General deduction process usually relies on internal thinking logic, on the other hand logic rules only play an examination role afterwards. Second, the experience rules and deduction are compared. The principle of the process to exercise experience rules is the process of truth deduction, in another word, the court can deduce the not-proved truth from the known truth when dealing with some typical issues. The fourth part discusses the exercise of the experience rules in our county’s civil lawsuits. The related regulations for the exercise of the experience rules in our country:《The opinions to some questions about The P.R. China civil lawsuits legislated by the Highest People’s Court》the 75th item, this is the regulation of “no-quoted-evidence truth” in civil lawsuits, but the item also includes the spirit of the meaning of the experience rules. The 9th item in 《Some regulations about civil lawsuit evidences from the Highest People’s Court》directly adopts the nomenclature of “regular life experience rules”; The 64th item is the fundamental regulation of law explanations about the judgment and the confirmation of evidence in civil lawsuits, it definitely affirms “regular life experience rules”; The 69th item: “The following evidences can not be used to confirm the truth of the case: (三) “suspicious video and audio material”; …… This item’s content is the regulation to the suspicions video and audio materials, but what is “the suspicious”, the judgment must rely on logic deduction and regular life experience rules. To present, because there aren’t perfect regulations to exercise experience rules in our country’s justice practice, it is necessary to se