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轰动一时的南京彭宇案早已告一段落,但是人们对于本案中所出现的问题的研究却仍旧源源不断,其中最为引起注意的就是对于法官智慧问题的思考。本案中法官突破性地尝试运用经验法则来说明判决理由,然而却遭遇了滑铁卢,以公众的质疑和众多学者的反对而告终。也正是因为如此,法官智慧的研究就更加显得刻不容缓。仅针对本案,对于法官智慧的提高就主要集中在对于经验法则的适用规则的研究方面,法官应该通过征询民意以确保法官适用具有高度盖然性的经验法则进行推定等方面来提高经验法则的适用智慧。
The sensational case of Peng Yu in Nanjing has already come to an end, but people still have a steady stream of research on the problems that have emerged in this case. Among them, the most notable one is the thinking on the wisdom of judges. In this case, the judge made a groundbreaking attempt to use the rule of thumb to explain the reasons for the decision. However, it encountered Waterloo and ended in public inquiries and opposition from many scholars. Precisely because of this, the study of judges’ wisdom becomes more urgent. For this case only, the improvement of the wisdom of the judge mainly focuses on the research on the applicable rules of the rule of thumb, and the judge should improve the wisdom of the application of the rule of thumb by consulting the public opinion to ensure that the judge applies the highly probable rule of thumb for the presumption.