The Effect of Experience Rule to the Ascertainment of Facts in Civil Action
Liu Qing-guo
Abstract
Liu Qing-guo
Abstract
It's self-evident to find facts in civil action,which are not only the premise to apply law but the judicial basis for judges.Under the circumstances of the direct evidence's absence,it's a good way to be inferred as a fact from the demonstration of secondary evidence by exploiting related experience rules.We should make proper use of experience rules to presume facts.It will play a tremendous role to achieve the equity and efficiency in the civil action.
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It's self-evident to find facts in civil action,which are not only the premise to apply law but the judicial basis for judges.Under the circumstances of the direct evidence's absence,it's a good way to be inferred as a fact from the demonstration of secondary evidence by exploiting related experience rules.We should make proper use of experience rules to presume facts.It will play a tremendous role to achieve the equity and efficiency in the civil action.
Key concepts: Premise, Action (physics), Equity (law), Civil procedure, Law and economics, Political science, Law, Epistemology