Rule of thumb

Law or knowledge of causality or attribute state of things

open 2 entries with the same name

《 Provisions of the Supreme People's Court on Evidence in Civil Proceedings 》According to Item (3) of Article 9, another fact that can be inferred according to legal provisions or known facts and rules of experience in daily life does not need to be proved by adducing evidence.

Chinese name: Rule of thumb
Classification: Special rules of thumb and general rules of thumb
Role: The rule of thumb has the function of legal interpretation

matters needing attention: Not an inevitable reflection of the internal relationship between things
Features: Another fact that can be inferred according to the rule of thumb, which needs no proof
Definition: About things causal relationship The law or knowledge of an attribute state

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meaning

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Rule of thumb It refers to things that people have summarized from life experience causal relationship The law or knowledge of an attribute state.

Note:

The rule of thumb includes the common people's daily life common sense It also includes some specialized knowledge, such as science (law), technology, art, commerce and trade.

classification

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Rules of experience can be divided into special rules of experience and general rules of experience according to whether they are generally known.

effect

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The rule of thumb is litigation The basic role of is mainly reflected in the following aspects:

1. As Presumption of fact To realize the indirect proof of the facts to be proved.

2. In litigation, the judge uses the rule of thumb to determine the facts.

3. The rule of thumb becomes the judge's acceptance and application of evidence evidence Basis and means of.

4. The rule of thumb has the function of legal interpretation.

Relevant regulations

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Note:

Article 9 The parties need not adduce evidence to prove the following facts:

（1） Well-known facts;

（2） Natural laws and theorems;

（3） Another fact that can be inferred according to legal provisions or known facts and rules of experience in daily life;

（4） The facts confirmed by the legally effective judgment of the people's court;

（5） The facts confirmed by the effective award of the arbitration institution;

（6） The facts that have been proved by a valid notarial document.

Items (1), (3), (4), (5) and (6) of the preceding paragraph, unless the parties have evidence to the contrary sufficient to overturn them.^[1]

matters needing attention

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1. The rule of experience is different from the laws, theorems axiom The rule of thumb is not an inevitable reflection of the internal relationship between things, but a kind of probability The external connection of, a judgment and conclusion according to induction. This inference based on the rule of thumb cannot guarantee its absolute authenticity. Therefore, people are allowed to propose exceptions to the presumption of the rule of thumb in order to overturn the presumption.

2. A particular case often involves many rules of experience, which do not all support the same inference. In specific situations, the application of rules of experience may be contradictory and conflicting. For example, it is a common sense that people will consider the maximization of their own interests when implementing a behavior. However, on some specific occasions, people will also implement altruistic behaviors based on certain ideas, compassion, different understandings of happiness, gratitude and other subjective perceptions. In this case, the rule of thumb should be applied according to the specific circumstances, specific people and events.

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