Due to the inherent and concealed characteristics of the subjective aspects of crime, empirical rules are often needed to achieve inference in criminal proceedings. The determination of criminal intent and negligence represents a fundamental challenge in criminal law, as subjective mental states cannot be directly observed but must be inferred from objective conduct and circumstances. However, in practice, the application of empirical rules suffers from problems such as arbitrariness, inconsistent standards, and lack of procedural safeguards. These issues are mainly related to factors such as the probabilistic characteristics of empirical rules, quasi-objective tendencies in judicial reasoning, and the increasingly stringent judicial environment that constrains judicial discretion. Through systematic analysis of contemporary judicial practice and comparative legal research, this study proposes comprehensive reforms including constructing scientific application mechanisms, strengthening procedural safeguards, and standardizing classification criteria for different crime types. We aim to improve the scientific accuracy and fairness of determining the subjective aspects of crime, thereby promoting the effective implementation of the principle of individual criminal responsibility and enhancing the overall integrity of criminal justice proceedings.
Rui Jin (2025) studied this question.