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由于法官没有亲临案件的发生,因此,只能依靠当事人提供的证据来认定案件事实。经验法则与逻辑规则是架构证据与案件事实的重要渠道。法官对证据进行深入细致的审查,全面地分析判断证据之后,可运用经验法则厘清证据的真伪,从而达到合理地进行事实认定,证据的证明性则应由逻辑方法来解决。逻辑规则与经验法则在法律适用中相互补充,法官在运用经验法则进行认证时,切不可只注重经验而忽视逻辑的作用。审判人员审核证据时既要运用逻辑推理,又要依据日常生活经验来对案件所有证据进行全面而客观的考量,力求查清案件事实的真相,从而更好地实现法律的公平正义。
Because the judge did not visit the case, therefore, can only rely on the evidence provided by the parties to determine the facts of the case. The rule of thumb and the rules of logic are important sources of evidence and the facts of the case. Judge thoroughly examine the evidence in detail, after a comprehensive analysis of the evidence to judge, you can use the rule of thumb to clarify the authenticity of the evidence, so as to achieve a reasonable fact that the proof of the evidence should be resolved by logic. Logical rules and rules of thumb complement each other in the application of law. Judges should not neglect the function of logic when they use the rule of thumb for certification. Judicial review of evidence both the use of logical reasoning, but also based on daily life experience to all cases of evidence to conduct a comprehensive and objective considerations, and strive to find out the truth of the facts of the case, so as to better achieve the legal fairness and justice.