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在审判实务上,无论是对案件事实的认定还是选择适用法律,均离不开经验法则。经验法则在盖然性上的强弱直接影响着法官对待证事实形成心证的状态,也影响着法官对于证据的自由评价。在认定案件事实上,经验法则与相关证据在功能作用上既相互关联,又互为区别。法官自应有一个对经验法则进行发现、认知、选择、判断和采纳的过程,并应密切关注其妥适性,以维护司法的公信度。
In trial practice, both the determination of the facts of the case and the choice of applicable law are inseparable from the rule of thumb. The strength of the rule of experience in the probability of causality has a direct impact on the state of the formation of the testimony by the judge in treating the facts of the card and the judge’s free evaluation of the evidence. In ascertaining the facts of the case, the rules of thumb and the relevant evidence are both functionally related and distinct from each other. Judges should have a process of discovering, recognizing, selecting, judging and adopting the rule of thumb. They should pay close attention to their appropriateness so as to safeguard the credibility of the judiciary.