As a method of fact inference,experiential inference establishes a link between the basic facts provided by evidence and factum probandum.Compared with other judicial proof methods,experiential inference has outstanding indi-vidual characteristics.Based on experiential inference,judges may mistake individual biases for common experience,which leads to cognitive risks such as presupposition and undue imagination.The case facts as the result of inference must be jus-tified.In view of the empirical knowledge as the main premise of inference,the process of tacit knowledge explicit helps the judge to find and regulate self-preference and justifies the empirical knowledge by its publicity.Within the structure of ex-periential inference,evidence materials as the source of basic facts are indispensable,and the emphasis of argumentation lies in the verification of the logical correlation between the premises.As a whole,the key of experiential inference lies in the rationalization of empirical knowledge.In the objective of argumentation,we should pay special attention to the substi-tutability of judges,and find a balance between the individuality of experiential inference and the tension of the predictabili-ty of judicial decision.
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