Application of the Experience Rules for Fact-finding in Criminal Cases
The experience rule is the basis of evidence evaluation,the bridge between evidence and facts,and the test standard for the reasonableness of fact-finding,the application of which is indispensable in fact-finding of criminal cases.The proper selection of experience rules is the premise and basis of their normative application.For rules with the same objects,the selection criteria should be based on the degree of probability,while for rules with different contents,the selection criteria should be based on the conformity of specific conditions.Judgments should demonstrate the content of the experience rule and prove the rationality of the selection of the experience rule in combination with the fact and evidence of the case.For the experience rule quoted by the prosecution and defense,it is appropriate for the judgment to choose the method of response according to the situation,so as to enhance the legitimacy of the conclusion.For the mistakes in the application of the experience rule,the remedy can be realized by starting the second instance procedure and trial supervision procedure.The normative application of experience rules depends on the openness and debate of the application of experience rules by both prosecution and defense,the procedural guarantee including the full play of the function of people's jury system,and the thorough implementation of the principle of direct trial.
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