Between Experience and Rules
XU Ji-jun
Abstract
XU Ji-jun
Abstract
Civil evidence system is the important component part of the civil procedure system. In the process of improving the legal system of civil evidence, some important problems concerning legislation must be clarified. In the article, three problems will be discussed through studying the relationship between experience and rule. (1) Whether the evidence rules can be separated from civil procedure law; (2) what should be written in the evidence law; (3) how to balance the relationship between evidence rules and judges' discretion.
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Civil evidence system is the important component part of the civil procedure system. In the process of improving the legal system of civil evidence, some important problems concerning legislation must be clarified. In the article, three problems will be discussed through studying the relationship between experience and rule. (1) Whether the evidence rules can be separated from civil procedure law; (2) what should be written in the evidence law; (3) how to balance the relationship between evidence rules and judges' discretion.
Key concepts: Discretion, Legislation, Balance (ability), Law, Civil law (Civil law), Component (thermodynamics), Civil procedure, Process (computing)