The Analysis About The Theory Of Presumption From Logical View

This thesis is formed by three parts as follows:Part one: The author have summarized the basic theories about the presumption briefly .First of all ,the author provides the following rough definition : presumption refers to a kind of juridical activity of proving that according to the law of common relation among things, the Judge, from the basic fact that had already knew or has already been proved, in the lawsuit ,uses the method of reasoning to infer whether the fact to be proved exists or not, when it may be proved difficultly by direct evidence or be proved by increasing lawsuit cost unreasonablely, basing on the logic rule and experience rule. Then, the author have investigated the historical origin of presumption , and its changing course in the main two legal system in the world. Finally, the author summarized roughly the academic classification of presumption in the main two legal system and the viewpoints for these relevant classification of presumption in our country academia.Part two : Mainly from logic view, the author made the logic justification about presumption by the method of analyzing its structure. First of all, the author believes that presumption is superficially constituted by both basic and presumptive facts ,but neither are logical implication .In fact,there is an implied precondition between, the empirical rule ,which is the modal proposition of induction. Secondly,the paper expounds and proves the basic reasoning form of presumption—the possible modal syllogism and summarizes the formulation .Thirdly ,after the justification of the presumption ,the special or the immediate in which there are no basic facts ,are analyzed and proved in the case of"presumption of innocence".It shows that although the presumption is a kinds of logic fallacy and not valid in the form ,it ,as a choice of system ,is rational . Lastly ,through the analysis of logical justification ,the paper puts forward the application of presumption into the improvement of proof system ,in view...