A Study on Promoting the Mechanism of the Rule of Thumb from the Perspective of the Smart Court in China

Author(s): Chao Wang, Zhenyu Song

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Abstract: This paper manifested the ought functions of the rule of thumb, and analyzed the causes of the practical dilemma of applying it, such as the absence of the explanation function, two extremes in the application of the rule of thumb, the outdated doctrine of proof, the difficulty of systematization and so on. This paper gave a suggestion that the application of the rule of thumb should be promoted by three dimensions as following: (1) procedural dimensions promoting the use of the rule of thumb- doctrine of proof and procedural justice; (2) technical dimension promoting the use of the rule of thumb- application of artificial intelligence; and(3) physical dimension promoting the use of the rule of thumb- case guidance system. Against the background of the construction of "Smart court" and the reform of "trial priority", efforts must be made to overcome shortcomings in the application of the rule of thumb like inappropriate systematization and difficult to capture and evaluate, and give full play to the roles of the rule of thumb in identifying evidence, ascertaining the fact, and applying the law.



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