On the Double Connotation and Core Characteristics of the Rule of Thumb in Judicial Proof
The connotation of the rule of thumb in judicial proof should be defined from two levels:in the abstract sense,the rule of thumb is the knowledge or law derived from the past empirical facts,which can reflect the attributes of things and the relations between things.When applied concretely,the essence of the rule of thumb is the personal experience knowledge that the judge believes credibly subjectively.The core feature of the rule of thumb is subjective probability dominated by certainty.In view of the double content and probability characteristics,the logic of applying the rule of thumb in judicial proof revolves around"dangerous but necessary".Therefore,although the rule of thumb is called"law",it does not have the rigid effect of law,and can only be used as the basis for judges to determine the facts of a case.
rule of experienceprobabilitysubjective probabilityinductive Reasoning
万方数据
维普
