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经验法则作为人类以经验归纳之后获得的关于事物属性及其常态联系之间的可证伪的一般性的知识和法则,由于在理论上对其的定义尚未形成较为有力的通说,在实践中经验法则的运用因为缺乏明确规则指引而常被误用,直接弱化了经验法则作为法官认定和推理案件真实的工具性价值。对经验法则含义的科学界定以及实践困境的分析,有助于强化经验法则的工具性价值,并进而促进司法公信力的提升。
As a falsifiable general knowledge and law about attributes of things and their normal relations, which are obtained after human being induces them by experience, the principle of experience has not yet formed a powerful theory in theory for its definition. In practice The application of the rule of thumb, which is often misused because of the lack of clear rules and guidelines, directly weakens the rule of experience as the true instrumental value of the judge in identifying and reasoning cases. The analysis of the scientific definitions and practical dilemmas of the meaning of the rule of law helps to strengthen the instrumental value of the rule of experience and thus promote the improvement of the credibility of the judiciary.