On the evening of June 4, 2021, Wang Yong, a member of the Party Group and Deputy Procurator General of Suzhou Municipal People's Procuratorate, was invited to Southeast University Law School to give a lecture on The Application of Rule of Thumb in Judicial Practice in the Law School Moot Court. The lecture was hosted by Professor Yin Ji of Southeast University Law School and attended by teachers and students of the Law School.
Prof. Yin Ji firstly expressed a warm welcome to the arrival of Deputy Prosecutor General Wang Yong, and highly praised his rich experience in judicial practice.
At the beginning of the lecture, Deputy Procurator General Wang Yong introduced the topic through the definition and basic features of the rule of thumb. On the one hand, it is a kind of common knowledge in the objective sense, which is generally recognized by the public as basic common sense; on the other hand, it is the judge's distillation of general life experience as the basis for determining the facts to be proved.
First of all, Deputy Procurator General Wang Yong pointed out that, from the field involved, rules of thumb can be divided into daily rules of thumb and special rules of thumb. Deputy Procurator General Wang Yong explained in detail how the rule of thumb is applied in judicial practice in conjunction with the Jiang Ge case. He analyzed the key evidence and proof requirements in the case, the defense's arguments, the prosecutor's proof of criminal premeditation, and the arguments for concealing the whereabouts, etc. He believed that in judicial practice, objective evidence must be fully interpreted, and every objective evidence must be interpreted by going back to the scene and combining it with living habits; subjective elements must be transformed into verifiable facts; and forward and reverse verification must be considered.
Secondly, Wang Yong, deputy attorney general, expressed in detail the principles that must be followed for the full interpretation of objective evidence, including: the principle of full excavation, scientific interpretation, comprehensive verification principles, attach great importance to the principle of corroboration and correlation between objective evidence. The review of objective evidence must follow four points, including the review of the source of evidence, the main body of evidence collection, the collection of evidence procedures, evidence collection and storage methods are scientific. Deputy Procurator General Wang Yong combined the Yang Wanlin case to discuss and explain the issue of objectivity of evidence in more detail.
Then, Deputy Attorney General Wang Yong analyzed the problems related to tailoring the facts of a case in judicial practice. He believed that the facts of a case must be based on the evidence on file, not on artificially added and trimmed evidence, and that a certain degree of distinction must be made between the language of life and the language of law, rather than directly replacing the language of law with the language of life. In order to highlight in more detail the view that the facts of the case must be prudently cut, Deputy Procurator General Wang Yong combined with specific cases for analysis.
Finally, Deputy Procurator General Wang Yong analyzed a series of cases such as the Sun Xinqiao case, the Hugger-Jiller pattern, and the Nie Shubin case to elaborate on the verification of evidence for and against. Through the explanation of the series of cases, the issues that need attention in the process of evidence identification were fully discussed.
After that, Professor Yin Ji from Southeast University Law School made a concluding speech. He considered that the lecture of Deputy Attorney General Wang Yong started from a series of typical cases, and through layers of analysis, revealed the situation and status of the rules of thumb in judicial practice.
During the questioning session of the lecture, teachers, lawyers and students spoke enthusiastically, and Deputy Attorney General Wang Yong provided detailed answers to each of them. Wang Yong's lecture cited many typical cases in judicial practice, which was clear and informative, and won the warm applause of the teachers and students present, and the lecture was a complete success.