The Application of Rule of Thumb in the Evaluating Probative Force of Evidence: The Perspective of Criminal Justice

Rule of thumb plays a significant basic role in evaluating the probative force of evidence. Currently, the mode of using rule of thumb in the evaluating the probative force of evidence can be divided into confirmation evaluation mode, probability evaluation mode and mixed evaluation mode. However, it is difficult to regulate the application of rule of thumb with law. In each mode, the application of rule of thumb is faced with four dilemmas. The subject of rule of thumb is not clear, the range and the reasoning method are not clear, the role of external regulation is limited, and the defendant lacks relief means in using rule of thumb in the evaluation of probative force. To improve the application of rule of thumb in the evaluation of probative force, efforts need to be made in four aspects: accepting the rule of thumb put forward by different subjects, strengthening the guidance for judges to use the rule of thumb in the evaluation of probative force, implementing the judgment theory on the application of rule of thumb in the evaluation of probative force, and clarifying the remedies for misuse and abuse of rule of thumb in the evaluation of probative force.