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Free assessment;Experience;Probabilistic;Burden of proof;Evaluation of evidence
|Issue Date:||2014-09-30 17:48:47 (UTC+8)|
In Taiwan, historical studies on the rule of experience (Emperical Rule, Erfahrungssätze) have enabled some scholars to propose important insights in perspective, and the rule is also frequently embedded in the fundamental reasoning of the fact-finding process in trial practice. Nevertheless, in terms of Taiwan’s legal regime, further developments are desired and awaited as to whether and how the rule of experience can be divided into different classifications and patterns, i.e., whether meaningful classifications can be performed based on the probabilities spectrum, with each classification exerting different functionalities in the fact-finding process.This thesis deals with these issues by methodologies of induction, deduction and critical analysis, with reference being made to the German legal literature as well as perspectives from Taiwan’s scholarly writings and jurisprudence. It aims to drill down a comprehensive review over the hierarchy and possibilities of rational application of the rule of experience. In particular, by way of analyzing the judicial practice in adultery cases, this thesis endeavors to offer solutions to the oft-cited challenges posed to the fact-finding process in such case patterns. Lastly, this thesis provides recommendations to formulate a logical framework to be employed in judicial decisions, in the hope of strengthening the transparency and verifiability of the fact-finding process in the judicial practice.
|Relation:||法學評論, 107 , 1- 81|
|Appears in Collections:||[法律學系] 期刊論文|
[法學評論 TSSCI] 期刊論文
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