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司法审判中法官对经验法则的运用,无不掀起了法学界乃至整个社会的关注热潮及激烈论战。以经验法则的运用为视角,从对经验法则的界定入手,认清经验法则的适用在法官运用事实推定认定案件事实时所面临的局限性,进而探析突破经验法则局限性的相关救济及此制度的完善路径。
In the judicial trial, the application of the rule of thumb by judges to judges all set off the upsurge of concern and fierce controversy in the jurisprudence community and the society as a whole. From the perspective of the application of the rule of thumb, starting with the definition of the rule of experience, we should understand the limitations of the application of the rule of thumb when the judge uses the factual presumption to identify the facts of the case, and then explore the related remedies that break the limitation of the rule of experience and the system The perfect path.