On the Use of Rules of Thumb in Private Lending Disputes

DOI: https://doi.org/10.62517/jel.202414605

Author(s)

Tingting Jin*

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author.

Abstract

Rule of thumb as an effective means to carry out the free heart, in promoting social fairness and justice played a significant role, its meaning is in the process of litigation, according to the law, daily life experience or determine the fact and derived another fact, then the fact can rely on high cover without proof can be determined as true. The application of rules of thumb plays a very important position in litigation at home and abroad, but because it belongs to the free evidence of judges to a large extent, it is easy to deviate due to various factors, such as ignoring application and wrong application. This paper will discuss the role and limitations of the rule of thumb in the private lending disputes. Through the study and summary of past cases, we try to analyze the performance and reasons of the improper application of empirical rules, and how they should be applied in civil lending disputes.

Keywords

Rule of Thumb; Civil Lending; Litigation Practice; Justice; Free Evaluation of Evidence

References

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